Gauhati High Court
Oriental Insurance Company Ltd vs Alaka Nath And 2 Ors on 16 November, 2022
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GAHC010128952022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./791/2022
ORIENTAL INSURANCE COMPANY LTD.
(A CENTRAL GOVT. UNDERTAKING)
HAVING ITSREGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI,
GUWAHATI- 781007 REPRESENTED BY THE ASSISTANT MANAGER,
GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781005.
VERSUS
ALAKA NATH AND 2 ORS.
W/O RAJ MOHAN NATH,
VILL.- PHULAGURI, KAYAKUCHI,
P.O.- BETBARI,
P.S.- KAYAKUCHI,
DIST.- BARPETA, ASSAM, PIN- 781327.
2:RAJ MOHAN NATH
S/O LATE AKHO NATH
VILL.- PHULAGURI
KAYAKUCHI
P.O.- BETBARI
P.S.- KAYAKUCHI
DIST.- BARPETA
ASSAM
PIN- 781327.
3:MANOJ KR. PODDAR
S/O RAM KISHAN PODDAR
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VILL.- BASISTHA CHARIALI
P.O. AND P.S.- BAISITHA
DIST.- KAMRUP (M)
ASSAM
PIN- 781029
Advocate for the Petitioner : MS R D MAZUMDAR
Advocate for the Respondent :
Linked Case : I.A.(Civil)/3342/2022
ORIENTAL INSURANCE COMPANY LTD.
(A CENTRAL GOVT. UNDERTAKING) HAVING ITSREGIONAL OFFICE AT
GUWAHATI
G.S. ROAD
ULUBARI
GUWAHATI- 781007 REPRESENTED BY THE ASSISTANT MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI- 781005.
VERSUS
ALAKA NATH AND 2 ORS.
W/O RAJ MOHAN NATH
VILL.- PHULAGURI
KAYAKUCHI
P.O.- BETBARI
P.S.- KAYAKUCHI
DIST.- BARPETA
ASSAM
PIN- 781327.
2:RAJ MOHAN NATH
S/O LATE AKHO NATH
VILL.- PHULAGURI
KAYAKUCHI
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P.O.- BETBARI
P.S.- KAYAKUCHI
DIST.- BARPETA
ASSAM
PIN- 781327.
3:MANOJ KR. PODDAR
S/O RAM KISHAN PODDAR
VILL.- BASISTHA CHARIALI
P.O. AND P.S.- BAISITHA
DIST.- KAMRUP (M)
ASSAM
PIN- 781029.
------------
Advocate for : MS R D MAZUMDAR
Advocate for : appearing for ALAKA NATH AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 16.11.2022
Heard Ms. R.D. Mazumdar, learned counsel for the applicant.
This is an application for stay of the enforcement of the judgment dated
25.03.2022, passed by the learned Member, MACT No.2, Kamrup (Metropolitan),
Guwahati in MAC Case No.1131/2017.
Issue notice returnable on 04.01.2023.
The applicant shall take steps within 2 (two) days for service of notice on
the opposite parties by registered post with A/D as well as by usual process.
The learned counsel for the applicant has prayed for stay of the
enforcement of the judgment and award and in this regard, she has referred to
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the provisions of section 150(2) of the Motor Vehicles Act, as amended, to
project that before the learned tribunal, the applicant had proved that the driver
of the Auto Van, which was involved in the accident was driving the said
commercial vehicle on road with a learners license without being accompanied
with any instructor. Accordingly, it is submitted that under sub-section (2) of
section 150 of the Motor Vehicles Act, the principle of pay and recover could not
have been ordered by the impugned judgment and award and as the victim
himself is the driver of the vehicle. Therefore, it is submitted that the
victim/injured cannot be treated as a third party and moreover, the injured-
claimant was the violator of law.
In view of above, the pre-deposit of any part of the award passed by the
judgment and award dated 25.03.2022 in MAC Case No.1131/2017 is exempted
till further orders.
List on 04.01.2023.
JUDGE
Comparing Assistant
