National Insurance Company Ltd vs Rajen Bora And 7 Ors
2022 Latest Caselaw 4146 Gua

                                                               Page No.# 1/4

GAHC010211402022




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

                        Case No. : I.A.(Civil)/3117/2022

         NATIONAL INSURANCE COMPANY LTD .
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD
         BHANGAGARH
         GUWAHATI


          VERSUS

         RAJEN BORA AND 7 ORS .
         H/O LATE RUNU BORAH
         RESIDENT OF GURJUGONIA GAON
         GANAK PUKHURI PS DERGAON
         DIST GOLAGHAT ASSAM 785703

         2:SRI ANANTA BORA
         S/O RAJEN BORA
         RESIDENT OF GURJUGONIA GAON
          GANAK PUKHURI PS DERGAON
          DIST GOLAGHAT ASSAM 785703
          3:SRI SUSANTA BORA
         S/O RAJEN BORA
         RESIDENT OF GURJUGONIA GAON
          GANAK PUKHURI PS DERGAON
          DIST GOLAGHAT ASSAM 785703
          4:SRI DIPAK SAIKIA
         S/O LATE SUNA SAIKIA

         RESIDENT OF VILLAGE RONGAMALI GAON
         PO BADULIPARA
         DIST GOLAGHAT
         ASSAM 785611
         5:SRI BITU BAHOI
         S/O SRI RAGU NATH BAHOI RESIDENT OF VILLAGE KHUMTAI
                                                                     Page No.# 2/4

             PS KAMARGAON
             DIST GOLAGHAT
             ASSAM 786614
             6:SRI SUBH KARAN SHARMA

             S/O GHANASHYAM SHARMA

             RESIDENT OF HOSPITAL ROAD
             SIVASAGAR
             DIST SIVASAGAR
             ASSAM 785640
             7:SHRI SAMPAK TAMULI
             S/O SHRI BIREN TAMULI

             RESIDENT OF VILLAGE BOHOTIAL GAON
             PO SALIKIN
             DIST GOLAGHAT
             ASSAM 785625
             8:UNITED INDIA INSURANCE CO. LTD.
             HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
             WHITES ROAD
             CHENNAI AND ITS REGIONAL OFFICE AT GS ROAD
             DISPUR GUWAHATI AND REPRESENTED BY THEIR BRANCH MANAGER AT
             MAIN ROAD
             MARIANI NEAR UBI DIST JORHAT
             ASSAM
             ------------
             Advocate for : MS. P BORTHAKUR
             Advocate for : appearing for RAJEN BORA AND 7 ORS .



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                    ORDER

Date : 27.10.2022

Heard Mr. R. Goswami, the learned counsel appearing on behalf of the Applicant.

This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short the "CPC") for stay of the operation of the impugned judgment and award dated 20.07.2022 passed by the learned Member, MACT, Page No.# 3/4

Golaghat, in MAC Case No.34/2015.

Vide the impugned judgment and award, the learned Member had come to a finding that the just and reasonable compensation to be Rs. 9,45,000/-. It has also seen from the impugned judgment that 80% of the amount have been imposed upon the owner of the vehicle and the Applicant herein being the insurer was directed to make the payment of the said amount and recover at the later stage.

The learned counsel for the Applicant has drawn the attention of this Court to paragraph 17 of the said judgment and specifically submitted that there is no specific reasons assigned as to why 80% of the amount have been imposed upon the owner of the vehicle bearing Registration No. AS-05-C-1714 (Tata Winger). He has drawn the attention of this Court to another judgment of the same Court in MAC Case No.46/2015 wherein the said Court had duly taken into consideration as to how the accident had happened. He also referred to paragraph 17 of the said judgment to show that though there is a finding to the effect that the driver of the Tata Winger had negligently driven the vehicle and dashed against the stationary truck but it is also apparent from the evidence on record that the driver of the truck was negligent in parking the truck dangerously loaded with long iron rods without flashing any signal light or road protective on the road during odd hours. Referring to the time of the accident which was at 4.45 AM on 08.02.2015, the learned counsel has also submitted that during this period, there was early morning fog and as such the driver of the truck ought to have been more careful.

After hearing the learned counsel for the Applicant, this Court is of the opinion that the interest of justice would be met upon staying the impugned judgment and award subject to deposit of 50% of the awarded amount before Page No.# 4/4

the Registry of this Court within a period of 6 (six) weeks from today.

Accordingly, the Applicant herein is directed to deposit 50% of the awarded amount along with interest within 6 (six) weeks from today before the Registry of this Court.

The claimant shall be entitled to withdraw the said amount by filing appropriate application before the Registry of this Court. Upon deposit of the said amount as directed hereinabove, the impugned judgment and award shall remain stayed.

With above observations and directions, the instant Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant