Gauhati High Court
United India Insurance Company ... vs Sri Dulal Borah And 3 Ors on 28 November, 2022
Page No.# 1/4
GAHC010013542018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/783/2018
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 24
WHITES ROAD
CHNNAI - 600014 AND REPRESENTED BY ITS REGIONAL OFFICE
G.S. ROAD
GUWAHATI-5
VERSUS
SRI DULAL BORAH AND 3 ORS
SON OF SRI UPEN BORAH RESIDENT OF VILLAGE KHATKHATI GAON
P.O. BARPETHAR DIST .GOLAGHAT
ASSAM PIN. 785602
2:SRI AMAR SARMAH
SON OF BHARAT SARMAH RESIDENT OF SILONIJAN
P.O. BARPATHAR DIST GOLAGHAT
ASSAM PIN 781005
3:NATIONAL INSURANCE CO. LTD
HAVING ITS REGD. OFFICE AT KOLKATA AND ONE OF THE REGIONAL OFFICES AT G.S.
ROAD
GUWAHATI PIN 781005
4:SRI UPEN BORAH
SON OF SRI JAGAT BORAH RESIDENT OF VILLAGE KHATKHATI GAON
P.O. BARPETHAR DIST .GOLAGHAT
ASSAM PIN. 785602
------------
Advocate for : MR S S SHARMA
Advocate for : appearing for SRI DULAL BORAH AND 3 ORS
Page No.# 2/4
Linked Case : MACApp./161/2018
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD ,CHNNAI - 600014
AND REPRESENTED BY ITS REGIONAL OFFICE, G.S. ROAD , GUWAHATI-5
VERSUS
DULAL BORAH AND 3 ORS
SON OF SRI UPEN BORAH
RESIDENT OF VILLAGE KHATKHATI GAON ,P.O. BARPETHAR
DIST .GOLAGHAT , ASSAM PIN. 785602
2:SRI AMAR SARMAH
SON OF BHARAT SARMAH
RESIDENT OF SILONIJAN
P.O. BARPATHAR
DIST GOLAGHAT
ASSAM
PIN 781005
3:NATIONAL INSURANCE CO. LTD
HAVING ITS REGD. OFFICE AT KOLKATA AND ONE OF THE REGIONAL
OFFICES AT G.S. ROAD
GUWAHATI PIN 781005
4:SRI UPEN BORAH
SON OF SRI JAGAT BORAH
RESIDENT OF VILLAGE KHATKHATI GAON
P.O. BARPETHAR
DIST .GOLAGHAT
ASSAM PIN. 78560
Advocate for the Petitioner : MR S S SHARMA
Advocate for the Respondent : MS. R D MOZUMDAR
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 28.11.2022
Heard Ms. L. Sharma, learned counsel for the applicant/ Insurance Company i.e.
United India Insurance Co. Ltd..
Also heard Ms. P. Baruah, learned counsel, and Ms. R. D. Mazumdar, learned
counsel, appearing on behalf of Opposite Parties No. 1 and 3, respectively.
This is an application praying for stay of the operation of the impugned
judgment and award, dated 23.10.2017, passed by the learned Member, MACT,
Golaghat, in MAC Case No. 65/2012, whereby a compensation amount of Rs.
3,03,444/- along with interest @ 6% p.a., from the date of filing of the claim petition
till realization of the entire amount at the ratio of 60:40, to be paid by the National
Insurance Co. Ltd., Opposite Party No. 3, herein; and the United India Insurance Co.
Ltd, applicant herein.
Ms. Mozumdar, learned counsel for respondent No. 3, has submitted that as per
her knowledge; the National Insurance Co. Ltd. has not preferred any appeal against
the judgment & award, dated 23.10.2017, passed by the learned Member, MACT,
Golaghat, in MAC Case No. 65/2012, and the National Insurance Co. Ltd. has also
deposited its 60% share of the awarded amount before the learned Tribunal,
Golaghat.
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Ms. Sharma, learned counsel, while praying for the stay of the impugned
judgment & award, dated 23.10.2017, passed by the learned Member, MACT,
Golaghat, in MAC Case No. 65/2012, has agreed to deposit the principal amount
awarded in the impugned judgment & award, dated 23.10.2017, passed by the
learned Member, MACT, Golaghat, in MAC Case No. 65/2012, which comes to Rs.
1,21,377.60 which is the 40% of the entire awarded amount, with a further prayer of
6(six) weeks for depositing the same.
In view of the submissions as made above by Ms. Sharma, learned counsel for
the applicant/United India Insurance Co. Ltd., the impugned judgment & award, dated
23.10.2017, passed by the learned Member, MACT, Golaghat, in MAC Case No.
65/2012, insofar as the liability of the applicant/United India Insurance Co. Ltd., to the
extent of 40% as the awarded amount, shall remain stayed subject to deposit of 40%
of the principal awarded amount which comes to Rs. 1,21,377.60 by the
applicant/United India Insurance Co. Ltd., before the Registry of this Court within a
period of 6(six) weeks from today.
On such deposit being made by the applicant/United India Insurance Co. Ltd.;
the opposite party No. 1/claimant Sri Dulal Borah 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.
The interlocutory application stands allowed and accordingly stands disposed of.
JUDGE
Comparing Assistant
