United India Insurance Company ... vs Smti. Junu Rabha And 4 Ors
2022 Latest Caselaw 2178 Gua

                                                                  Page No.# 1/4

GAHC010002892019




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

                         Case No. : I.A.(Civil)/56/2019

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



         VERSUS

         SMTI. JUNU RABHA AND 4 ORS
         W/O LATE DEEPAK RABHA HOUSE NO 11, LANGA DEO MANDIR BYE
         LANE, UPPER JATIA, KAHILIPARA ROAD, PO KAHILIPARA, PS DISPUR,
         GUWAHATI, 781019, KAMRUP ASSAM

         2:SMTI. PRIYANKA RABHA
          D/O LATE DEEPAK RABHA
         HOUSE NO 11
          LANGA DEO MANDIR BYE LANE

         UPPER JATIA
         KAHILIPARA ROAD

         PO KAHILIPARA
         PS DISPUR
         GUWAHATI
         781019
         KAMRUP ASSAM
         TO BE REPRESENTED BY HER LEGAL GUARDIAN MOTHER
         RESPONDENT NO 1

         3:SMTI. SHIBANI RABHA
          D/O LATE DEEPAK RABHA
         HOUSE NO 11
          LANGA DEO MANDIR BYE LANE
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            UPPER JATIA
            KAHILIPARA ROAD

            PO KAHILIPARA
            PS DISPUR
            GUWAHATI
            781019
            KAMRUP ASSAM
            TO BE REPRESENTED BY HER LEGAL GUARDIAN MOTHER
            RESPONDENT NO 1

            4:SANJIDA KHATUN
            W/O SAJJAD KHAN.
            R/O NEHRU TOLA
            PO BEGUMPUR
             PATNA CITY
            DIST PATNA BIHAR
             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
            PS CITY CHOWK.
            DIST PATNA
            BIHAR
            800008
            DRIVER OF VEHICLE NO BR-01/BG-0744(TRUCK)

            6:THE REGIONAL MANAGER
             THE NATIONAL INSURANCE CO
             LTD. REGIONAL OFFICE
             BHANGAGARH
             GS ROAD
             GUWAHATI 5
             KAMRUP ASSAM
            INSURER OF VEHICLE NO BR-01/BG-0744(TRUCK

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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                                     ORDER

24.06.2022

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.8/2019 has already been admitted by this Court under order dated 04.09.2019, 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. 1118/2014 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 Page No.# 4/4

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 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