The National Insurance Company ... vs Md Moniruddin Ahmed And Anr
2022 Latest Caselaw 3313 Gua

                                                               Page No.# 1/3

GAHC010118512018




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A(Civil) 2387-2018


         THE NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET
         KOLKATA-700071 AND REGIONAL OFFICE AT G.S ROAD
         BHANGAGARH
         GUWAHATI-5
         REPRESENTED BY ITS REGIONAL MANAGER
         REGIONAL OFFICE
         GUWAHATI. (INSURER OF THE VEHICLE NO AS-01BN-5350 MOTOR CYCLE)


          VERSUS

         MD MONIRUDDIN AHMED AND ANR
         S/O MD. MUMED ALI
         R/O VILLAGE- PUB RANGADORIA
         P.O- HABIBARANGABARI
         PIN-
         P.S- MIKIRBHETA
         DIST- MORIGAON
         ASSAM

         2:TRIBAL INTEGRATED DEVL. EDUCATION TRUST
         DINESH OJAH PATH
          RAJGARH ROAD
          HOUSE NO- 25
          BHANGAGARH
          GUWAHATI-5
          DIST- KAMRUP (M)
         ASSAM (OWNER OF THE VEHICLE NO. AS-01BN-5350 MOTOR CYCLE)
          ------------
         Advocate for : MR. A DUTTA
         Advocate for : appearing for MD MONIRUDDIN AHMED AND ANR
                                                                       Page No.# 2/3


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 31.08.2022

Heard Mr. A Dutta, learned counsel for the appellant and Mr. A Shakil, learned counsel appearing on behalf of respondent No.1.

This is an application under Section 173 of the Motor Vehicles Act, 1988 for stay of the impugned judgment and award dated 27.11.2017 passed by the MACT, Morigaon in MAC Case No.15/2015.

The accompanying appeal is already admitted. The grounds on which the appeal has been admitted is that after the judgment and award had been passed, the Insurance Company could come to learn from the DTO verification report, Mokokchung that the driver of the offending vehicle had a fake license and as such, the Insurance Company shall not be liable to pay compensation.

Be that as it may, the just and fair compensation as adjudicated by the tribunal insofar as the claimant is concerned has not been put to challenge. The question which arises for consideration in the accompanying appeal is as to who would be liable to pay compensation i.e., the owner of the offending vehicle who is the respondent No.2 or the Insurance Company.

Considering the above, this Court therefore, stays the impugned judgment and award dated 27.11.2017 passed in MAC Case No.15/2015 by the MACT, Morigaon subject to deposit of 100% of the compensation amount along with interest before the Registry of this Page No.# 3/3

Court within 6 (six) weeks.

The claimant shall be entitled to withdraw the same by filing appropriate application before the Registry of this Court.

With the above, the I.A stands disposed of.

JUDGE

Comparing Assistant