Reliance General Insurance Co. ... vs Smti. Shanti Prabha Barman Das And ...
2022 Latest Caselaw 3438 Gua

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GAHC010027872020




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

                               I.A.(Civil)/2730/2022

         RELIANCE GENERAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE
         WALCHAND HIRACHAND MARG
         BALLARD ESTATE
         MUMBAI-400001 AND ONE OF ITS BRANCH OFFICE AT ABC
         G.S. ROAD
         GUWAHATI-781005.


          VERSUS

         SMTI. SHANTI PRABHA BARMAN DAS AND 3 ORS
         W/O LATE TAPAN KR. DAS
         R/O ABHYAPURI TOWN
         SAHITYA SABHA PATH
         WARD NO.3
         P.O. AND P.S. ABHYAPURI
         DIST. BONGAIGAON
         ASSAM
         PIN 783380

         2:MD. ATIKULLAH KHAN
         R/O VILL. MATHURI
          R/O MATHURI
          P.O. NOWANAGAR
          BALLIA
          PIN 277001.H
          UTTAR PRADESH. OWNER OF THE VEHICLE NO. UP-60-T-0016 TRUCK.
          3:MD. ATIQUELLAH KHAN
         S/O MD. S. KHAN
          R/O MEELORD STREET
          KOLKATA-700016
         WEST BENGAL. DRIVER OF THE VEHICLE NO. UP-60-T-0016 TRUCK
          4:THE DIVISIONAL MANAGER
                                                                  Page No.# 2/4


UNITED INDIA INSURANCE CO. LTD.
BONGAIGAON DIVISIONAL OFFICE MAIN ROAD
BONGAIGAON
ASSAM. INSURER OF VEHICLE NO. AS-19-D-8858 HYUNDAI I-20.
------------
Advocate for : MR. K K BHATTA
Advocate for : MR. A J SAIKIA (R4) appearing for SMTI. SHANTI PRABHA
BARMAN DAS AND 3 ORS.
                         Case No. : MACApp./642/2022

           RELIANCE GENERAL INSURANCE CO. LTD
           HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE,
           WALCHAND HIRACHAND MARG, BALLARD ESTATE,
           MUMBAI-400001 AND ONE OF ITS BRANCH OFFICE AT ABC,
           G.S. ROAD, GUWAHATI-781005.



           VERSUS

           SMTI. SHANTI PRABHA BARMAN DAS AND 3 ORS
           W/O LATE TAPAN KR. DAS, R/O ABHYAPURI TOWN,
           SAHITYA SABHA PATH, WARD NO.3, P.O. AND P.S.
           ABHYAPURI, DIST. BONGAIGAON, ASSAM, PIN 783380

           2:MD. ATIKULLAH KHAN
            R/O VILL. MATHURI
            R/O MATHURI
            P.O. NOWANAGAR
            BALLIA
            PIN 277001.H
            UTTAR PRADESH. OWNER OF THE VEHICLE NO. UP-60-T-
           0016 TRUCK.

           3:MD. ATIQUELLAH KHAN
            S/O MD. S. KHAN
            R/O MEELORD STREET
            KOLKATA-700016
           WEST BENGAL. DRIVER OF THE VEHICLE NO. UP-60-T-0016
           TRUCK

           4:THE DIVISIONAL MANAGER

            UNITED INDIA INSURANCE CO. LTD.
            BONGAIGAON DIVISIONAL OFFICE MAIN ROAD
            BONGAIGAON
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                       ASSAM. INSURER OF VEHICLE NO. AS-19-D-8858 HYUNDAI
                      I-20

          Advocate for the Petitioner   : MR. K K BHATTA

          Advocate for the Respondent : MR. A J SAIKIA (R4)


                                 BEFORE
                  HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 08/09/2022

Heard Mr. K.K. Bhatta, the learned counsel appearing on behalf of the applicant and Mr. G.S. Boro, the learned counsel appearing on behalf of the respondent No. 4 and Mr. C. Sharma, the learned counsel appearing on behalf of the respondent No. 1.

This is an application for stay of the impugned judgment and award dated 26/9/2019 passed in MAC Case No.84/2012.

The learned counsel for the applicant submits that the vehicle in question which has been insured was parked on the left side of the road and the accident took place at 2 A.M. and this aspect of the matter was not taken into consideration while saddling the liability upon the Truck bearing registration No. UP-60-T-0016 to the extent of 70%. He further submitted that under no circumstances, the appellant/Insurance Company could have been saddled with the liability of 70% as the accident took place solely on account of rash and negligent driving of the I-20 Car bearing registration No. AS-19-D-8858.

Taking into consideration the said submission, this Court stays the impugned judgment and award dated 26/9/2019 passed in MAC Case No. 84/2012 subject to deposit of 30% of the 70% liability imposed upon the applicant/Insurance Page No.# 4/4

Company.

The claimant shall be entitled to withdraw the said amount by filling appropriate application before the Registry by furnishing an indemnity bond.

The IA stands disposed off.

JUDGE

Comparing Assistant