Gauhati High Court
Oriental Insurance Co. Ltd vs Smt. Anjali Barman And 4 Ors on 8 September, 2022
Page No.# 1/4
GAHC010003342015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/2740/2022
ORIENTAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
A 25/27 ASAF ALI ROAD
NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7
REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
SMT. ANJALI BARMAN and 4 ORS
W/O LATE BINOI BARMAN
2:SABITA BARMAN
W/O SRI MADHAB BARMAN
3:MADHAB BARMAN
S/O LATE LOKNATH BARMAN
ALL ARE R/O VILL. ATHIABARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN 784145
4:M/S HINDUSTAN GOODS CARRIERS PVT. LTD. P
529-30 BAGICHI ABDUL KARIM TELIWANG SADAM BAJAR
DELHI
5:RAM CHANDRA THAKUR
S/O LT. RAM PRASAD THAKUR
R/O REHABARI H/NO. 46 WARD NO. 31
B.K. ROAD
P.S. PALTANBAZAR
DIST. KAMRUP M
Page No.# 2/4
ASSAM
GUWAHATI-08
------------
Advocate for : MS. N MODI
Advocate for : appearing for SMT. ANJALI BARMAN and 4 ORS
Case No. : MACApp./650/2022
ORIENTAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27 ASAF
ALI ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-
7, REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
SMT ANJALI BARMAN and 4 ORS
W/O LATE BINOI BARMAN
2:SABITA BARMAN
W/O SRI MADHAB BARMAN
3:MADHAB BARMAN
S/O LATE LOKNATH BARMAN
ALL ARE R/O VILL. ATHIABARI
P.S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN 784145
4:M/S HINDUSTAN GOODS CARRIERS PVT. LTD. P
529-30 BAGICHI ABDUL KARIM TELIWANG SADAM BAJAR
DELHI
5:RAM CHANDRA THAKUR
S/O LT. RAM PRASAD THAKUR
R/O REHABARI H/NO. 46 WARD NO. 31
B.K. ROAD
P.S. PALTANBAZAR
DIST. KAMRUP M
ASSAM
GUWAHATI-0
Page No.# 3/4
Advocate for the Petitioner : MS. N MODI
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08/09/2022
Heard Mrs. M. Choudhury, the learned counsel appearing on behalf of
the applicant.
This is an application for stay of the judgment and award dated 06/07/2015
passed by the learned Member, Motor Accident Claims Tribunal, Darrang in MAC
Case No.13/2013.
The Tribunal Vide the impugned judgment and award had awarded an
amount of Rs. 5,38,000/- along with interest @6% per annum from the date of
filing of the claim petition till payment.
The learned counsel for the applicant submits that the driver in the instant
case though had the other licenses but did not have the endorsement to drive a
transport vehicle and this was proved on the basis of a certificate issued by the
DTO.
From the said submission and also from a perusal of the Appeal Memo, it is
therefore, clear that the question involved in the instant proceedings is not as
regards the question of quantum but as regards who would be liable to make
the payment of compensation i.e. as to whether it would the owner of the
vehicle or the insurer.
Taking into consideration the said aspect of the matter, this Court
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therefore stays the impugned judgment and award dated 06/07/2015 passed by
the learned Member, Motor Accident Claims Tribunal, Darrang, Assam in MAC
Case No.13/2013 subject to deposit of the entire awarded amount alongwith
interest before the Tribunal below within 6(six) weeks from today. The Tribunal
upon such deposit being made shall apply the said amount so deposited in
terms with paragraph 20 of the impugned judgment and award and release the
same in favour of the claimants.
Applying the principle laid down by the Supreme Court in the case of Oriental
Insurance Co. Ltd. Vs. Nanjappan and Ors. reported in (2004) 13 SCC 224, if the
appellant/applicant succeeds in the instant appeal proceedings, the appellant
shall be entitled to recover the said amount from the owner.
The IA stands disposed off accordingly.
JUDGE
Comparing Assistant
