Gauhati High Court
The Bharati Axa General Insurance ... vs Smti. Dhiraji Devi And 2 Ors on 3 June, 2022
Page No.# 1/5
GAHC010077462021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./130/2021
THE BHARATI AXA GENERAL INSURANCE COMPANY LTD.
HAVING ITS HEAD OFFICE AT 3RD FLOOR, SPECTRUM TOWERS, B WING,
MALAD LINK ROAD, MALAD (WEST), MUMBAI- 400064 AND ITS
REGIONAL OFFICE AT EMAMI MARKET, 4TH FLOOR, 3 LORD SINHA
ROAD, KOLKATA- 700071.
VERSUS
SMTI. DHIRAJI DEVI AND 2 ORS.
W/O- SRI SITA RAM MAHATO, R/O- VILL.- PALASHBARI, WARD NO. 8, P.O.
AND P.S. PALASHBARI, DIST.- KAMRUP, ASSAM, PIN- 781128.
2:SRI BHADRESWAR DAS
S/O- LATE DEBO RAM DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (OWNER OF MOTOR CYCLE NO. AS-01/AU-1136).
3:SRI RINKU DAS
S/O- SRI BHADRESWAR DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (RIDER OF MOTOR CYCLE NO. AS-01/AU-1136)
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. N N JHA
Page No.# 2/5
Linked Case : I.A.(Civil)/2460/2019
THE BHARATI AXA GENERAL INSURANCE COMPANY LTD.
HAVING ITS HEAD OFFICE AT 3RD FLOOR
SPECTRUM TOWERS
B WING
MALAD LINK ROAD
MALAD (WEST)
MUMBAI- 400064 AND ITS REGIONAL OFFICE AT EMAMI MARKET
4TH FLOOR
3 LORD SINHA ROAD
KOLKATA- 700071.
VERSUS
SMTI. DHIRAJI DEVI AND 2 ORS.
W/O- SRI SITA RAM MAHATO
R/O- VILL.- PALASHBARI
WARD NO. 8
P.O. AND P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128.
2:SRI BHADRESWAR DAS
S/O- LATE DEBO RAM DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (OWNER OF MOTOR CYCLE NO. AS-01/AU-1136).
3:SRI RINKU DAS
S/O- SRI BHADRESWAR DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (RIDER OF MOTOR CYCLE NO. AS-01/AU-1136).
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. N N JHA appearing for SMTI. DHIRAJI DEVI AND 2 ORS.
Linked Case : I.A.(Civil)/998/2021
THE BHARATI AXA GENERAL INSURANCE COMPANY LTD.
Page No.# 3/5
HAVING ITS HEAD OFFICE AT 3RD FLOOR
SPECTRUM TOWERS
B WING
MALAD LINK ROAD
MALAD (WEST)
MUMBAI- 400064 AND ITS REGIONAL OFFICE AT EMAMI MARKET
4TH FLOOR
3 LORD SINHA ROAD
KOLKATA- 700071.
VERSUS
SMTI. DHIRAJI DEVI AND 2 ORS.
W/O- SRI SITA RAM MAHATO
R/O- VILL.- PALASHBARI
WARD NO. 8
P.O. AND P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128.
2:SRI BHADRESWAR DAS
S/O- LATE DEBO RAM DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (OWNER OF MOTOR CYCLE NO. AS-01/AU-1136).
3:SRI RINKU DAS
S/O- SRI BHADRESWAR DAS
R/O- VILL.- PARLY
P.S. PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781128. (RIDER OF MOTOR CYCLE NO. AS-01/AU-1136).
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for SMTI. DHIRAJI DEVI AND 2 ORS.
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 03.06.2022
Heard Mr. R. Goswami, learned counsel for the appellant/ Insurance Company.
Also heard Mr. N. N. Jha, learned counsel, for respondent No. 1.
None has appeared on behalf of respondents No. 2 & 3 though the names of
the learned counsels have been shown in the Cause List as appearing on behalf of
respondents No. 2 & 3.
It has been pointed-out by Mr. Goswami, learned counsel for the
appellant/Insurance Company, that though notice to the respondents was issued vide
this Court's order, dated 15.07.2021 and the impugned judgment & award, dated
03.11.2018, passed by the learned Member, MACT No. 2, Kamrup(M), in MAC. Case
No. 2094/2013 has also been stayed by the same order; the instant appeal is yet to be
admitted.
Mr. Goswami, learned counsel for the appellant/Insurance Company, further
submits that though an interlocutory application being IA(c)998/2021 was also filed
along with this appeal, praying for stay of the judgment & award, dated 03.11.2018;
this Court by order, dated 15.07.2021, had passed an order of stay of the impugned
judgment & award passed by the learned Tribunal in the connected MAC. Appeal, till
the returnable date.
In view of the above, Mr. Goswami, learned counsel for the appellant/Insurance
Company, submits that this appeal may be admitted and the interim order, dated
15.07.2021, passed by the Court in IA(c) 998/2021 may be extended subject to
deposit of 50% of the awarded amount by the appellant/Insurance Company within a
period of 6(six) weeks before the Registry of this Court from today.
Page No.# 5/5
Upon hearing Mr. Goswami, learned counsel for the appellant/ Insurance
Company as well as Mr. Jha, learned counsel for respondent No. 1; the instant appeal
is admitted for hearing.
Registry shall call for the relevant records immediately.
As prayed for by Mr. Goswami, learned counsel for the appellant/Insurance
Company, the operation of the impugned judgment and award, dated 03.11.2018,
passed by the learned Member, MACT No. 2, Kamrup(M), in MAC Case No. 2094/2013,
which was stayed by this Court vide order, dated 15.07.2021, till the returnable date;
shall remain extended till disposal of the instant appeal subject to deposit of 50% of
the awarded amount by the appellant/Insurance Company before the Registry of this
Court, within a period of 6(six) weeks from today.
On such deposit being made by the appellant/Insurance Company, the
respondent No. 1/claimant shall be shall be at liberty to withdraw the deposited
amount, in question, on being properly identified by the engaged counsel and by
following the due process of identification as notified by the Registry of this Court,
from time to time.
List it as and when the connected LCRs is received.
JUDGE
Comparing Assistant
