National Insurance Company Ltd vs Kamal Ali @ Kamal Uddin And 2 Ors
2022 Latest Caselaw 2571 Gua

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GAHC010103572022




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

                         Case No. : I.A.(Civil)/2132/2022

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3
         MIDDLETON STREET KOLKATTA AND ONE OF THE REGIONAL OFFICES
         KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S ROAD
         BHANGAGARH
         GUWAHATI 05 REP. BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE


          VERSUS

         KAMAL ALI @ KAMAL UDDIN AND 2 ORS.
         S/O FAJAR ALI @ FAJAR
         RESIDENT OF CHATIA
         PS KALGACHIA
         DIST BARPETA ASSAM ASSAM 781319

         2:ABDUL MALEQUE
         S/O LATE NASIMUDDIN AHMED
          RESIDENT OF HEDAYETPUR
          PO BALADMARI
          PS AND DIST GOALPARA
         ASSAM
          3:MOTINUL HAQUE
         S/O MD. NIZAMUDDIN SHEIKH

         RESIDENT OF HEDAYETPUR
         PO BALADMARI
         PS AND DIST GOALPARA
         ASSAM
         ------------
         Advocate for : MR T KALITA
         Advocate for : MR. J RAHMAN appearing for KAMAL ALI @ KAMAL UDDIN
         AND 2 ORS.
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 29.07.2022

Heard Mr. T. Kalita, the learned counsel appearing on behalf of the Applicant and Mr. M. Khan, the learned counsel appearing on behalf of the Respondent No.1.

This is an application for stay of the judgment and order dated 02.03.2022 passed by the learned Member, MACT, Bongaigaon in MAC Case No.14/2017.

A perusal of the said impugned judgment and award shows that the Tribunal had directed the Insurance Company to pay the amount of Rs.17,68,848/- alongwith @ 6% interest from the date of filing the case till its realization. A perusal of the accompanying appeal which has been filed and the grounds of objection taken therein is in respect to that the driver of the vehicle did not have the requisite license. However, the quantum which was awarded to the claimant has not been put to challenge. Therefore, the question in the appeal is on the limited scope as to whether the Insurance Company should pay or the owner or the driver should pay.

Considering the above, this Court is not inclined to stay the judgment and award dated 02.03.2022 passed in MAC Case No.14/2017.

This Court further directs the Insurance Company to deposit the amount of Rs.17,68,848/- alongwith interest @ 6% per annum from the date of filing of the case till realization before the Tribunal below within 6 (six) weeks from today.

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Further the that, the Tribunal below is directed to invest the 50% of the said amount on long term Fixed Deposit in the nearest Nationalised Bank in the area where claimant resides with the condition that the Bank will not permit any loan or advance, and the interest on the said amount could be paid annually, directly to the claimant till he survives. However, on an application by the claimant, these conditions can be modified by the Tribunal in exceptional circumstances if made out by the claimant. The Tribunal shall permit the claimant to withdraw the remaining 50% of the said amount.

With above observations and directions, the instant Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant