The National Insurance Company ... vs Sri Biju Biswas And 2 Ors
2022 Latest Caselaw 4212 Gua

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GAHC010082002020




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

                          Case No.: I.A.(Civil)/3109/2022

         THE NATIONAL INSURANCE COMPANY LIMITED
         REGD. HEAD OFFICE AT 3
         MIDDLETON STREET
         CALCUTTA- 700071
         REP. BY THE MANAGER
         GAUHATI REGIONAL OFFICE
         BHANGAGARH
         GHY- 5


          VERSUS

         SRI BIJU BISWAS AND 2 ORS
         S/O- LT. UPENDRA CHANDRA BISWAS
         R/O VILL.- SERELIA BEHALI MIKIR
         P.O.- SERELIA VIA BORGAONG
         P.S.- BEHALI
         DIST.- SONITPUR
         ASSAM
         PIN- 784179

         2:BINA BISWAS
         W/O- SRI BIJU BISWAS
          R/O VILL.- SERELIA BEHALI MIKIR
          P.O.- SERELIA VIA BORGANG
          DIST.- SONITPUR
         ASSAM
          PIN- 784179.
          3:JAKIR KHAN
         S/O- MD. ALAM KHAN
          R/O VILL.- SUKANSUTI
          P.O.- BORGANG
          DIST.- SONITPUR
         ASSAM
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          PIN- 784167.
          ------------

Advocate for : MS. R D MOZUMDAR Advocate for : MR. S CHAUHAN appearing for SRI BIJU BISWAS AND 2 ORS

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

02.11.2022

Heard Ms. R. D. Mozumdar, the learned counsel for the applicant and Mr. B. Pushilal, the learned counsel appearing on behalf of the opposite party Nos.1 & 2.

The learned counsel for the applicant submits that the actual vehicle which had caused the accident was the vehicle bearing registration No.AS- 03D-5349 and not the vehicle bearing Registration No.AS-01K-2703 which was insured with the appellant Company. However, the court below without taking into account the evidence in the proper perspective had imposed the liability on the appellant Insurance Company on the ground that the vehicle bearing registration No. No.AS-01K-2703 was involved in the accident. The learned counsel for the applicant further submits that it being a case of fraud, this is a fit case for stay of the entire compensation amount.

On the other hand, Mr. B. Pushilal, the learned counsel appearing on behalf of the opposite party Nos.1 & 2 submits that the son of the claimants has expired for which the claimants are entitled to get the compensation and as such there should not be any stay to the impugned judgment and award.

Taking into account the allegation of fraud being made, this Court is Page No.# 3/3

of the opinion that this is a fit case to stay the entire judgment and award till the disposal of the instant appeal.

However, taking into consideration that the entire judgment and award has been stayed, liberty is given to the opposite parties/claimants to mention the matter for early hearing immediately upon receipt of the LCR.

In view of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant