United India Insurance Company ... vs Smti. Bina Das And 4 Ors
2022 Latest Caselaw 2175 Gua

                                                               Page No.# 1/4

GAHC010002892019




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

                        Case No. : I.A.(Civil)/4113/2018




         UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI.


          VERSUS

         SMTI. BINA DAS AND 4 ORS
         W/O DEBABRATA DAS
         R/O HOUSE NO. 30
         LACHIT PATH
         LAL GANESH
         ODALBAKRA
         P.O. ODALBAKRA
         P.S. DISPUR
         GUWAHATI 781034
         DIST. KAMRUP
         ASSAM.

         2:DEEPJYOTI DAS
         S/O LATE DEBABRATA DAS
          R/O HOUSE NO. 30
          LACHIT PATH
          LAL GANESH
          ODALBAKRA
          P.O. ODALBAKRA
          P.S. DISPUR
          GUWAHATI 781034
          DIST. KAMRUP
                                                                     Page No.# 2/4

              ASSAM.
              3:SMTI KAVERI DAS
             D/O LATE DEBABRATA DAS
              R/O HOUSE NO. 30
              LACHIT PATH
              LAL GANESH
              ODALBAKRA
              P.O. ODALBAKRA
              P.S. DISPUR
              GUWAHATI 781034
              DIST. KAMRUP
              ASSAM. RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY
             THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1
              4:SANJIDA KHATUN
             W/O SAJJAD KHAN
              R/O NEHRU TOLA
              P.O. BEGUMPUR
              PATNA CITY
              DIST. PATNA
              BIHAR
              PIN 110086 (OWNER OF THE VEHICLE NO. BR-01/GB-0744 (TRUCK))
              5:MD. SAHJJAD KHAN
             S/O MD. ABDUL AZIZ KHAN
              R/O HAMAD GALI TAYEB RAJMAZID
              P.S. CITY CHOWK
              DIST. PATNA
              BIHAR
              PIN 800008 (DRIVER OF THE VEHICLE NO. BR-01/GB-0744 (TRUCK)0
              6:THE REGIONAL MANAGER
             THE NATIONAL INSURANCE CO. LTD.
              REGIONAL OFFICE BHANGAGARH
              G.S. ROAD
              GUWAHATI-5
              KAMRUP (ASSAM) (INSURER OF THE VEHICLE NO. BR-01/GB-0744
             (TRUCK))
              ------------
              Advocate for : MR. R GOSWAMI
             Advocate for : appearing for SMTI. BINA DAS AND 4 ORS



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                     ORDER

24.06.2022 Page No.# 3/4

Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondents.

As the connected appeal being MACApp.No.985/2018 has already been admitted by this Court under order dated 10.12.2018, this Court is of the considered opinion that ends of justice would be met if the impugned judgment and award dated 30.07.2018 passed by the learned Member, MACT No. 2, Kamrup(M), at Guwahati in MAC Case No. 1119/2014 is stayed subject to deposit of 50% of the awarded due from the end of the present appellant in the Registry of this Court within a period of six weeks from today.

At this stage Mr. Mondal, learned counsel for the respondents submits that he may be permitted to withdraw the deposited amount.

Mr. Goswami, learned counsel for the applicant while objecting such prayer submits that this is a case of composite negligence and therefore, without determination of the actual liability, such amount should not be released at this stage. Otherwise, it may be difficult for recovery on the part of the Insurance Corporation.

Countering such argument, Mr. Mondal, learned counsel for the respondents submits that the Hon'ble Apex Court in Khenyei -Vs- New India Assurance Company Limited and Others reported in (2015) 9 SCC 273 at paragraph 22.3 has held that determination of extent of negligence between the joint tortfeasors is only for the purpose of their inter se liability so that one may recover the sum from the other after making whole of the payment to the claimant to the extent it has satisfied the liability of the other. It is further held that in case both of them have been impleaded and the apportionment/extent Page No.# 4/4

of their negligence has been determined by the court/Tribunal, in the main case one joint tortfeasor can recover the amount from the other in the execution proceedings. Accordingly the money of the appellant /Insurance Company is protected, submits Mr. Mondal, learned counsel for the respondents.

This Court is in total agreement with the submission of Mr. Mondal, learned counsel.

Accordingly, it is directed that the respondent No. 1/ claimant be allowed to withdraw the portion which has been deposited by the appellant/Insurance Company. The respondent No.1/claimant may file necessary application for withdrawal of the same from the Registry which shall be granted after proper verification and identification as per law. Such withdrawal shall be subject to final outcome of the connected appeal

This Interlocutory Application is disposed of.

JUDGE

Comparing Assistant