The United India Insurance Co. Ltd vs Smti Sipra Das And 4 Ors
2022 Latest Caselaw 3877 Gua

                                                              Page No.# 1/4

GAHC010168942017




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


                             I.A.(Civil)/2964/2022

         THE UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
         CHENNAI 600014 AND ONE OF THE REGIONAL OFICE AT G.S. ROAD
         DISPUR
         GUWAHATI 781005


         VERSUS

         SMTI SIPRA DAS and 4 ORS
         W/O LATE HIRA LAL DAS

         2:MISS RIMPI DAS
         D/O LATE HIRA LAL DAS
          3:RUPAM DAS
         S/O LATE HIRA LAL DAS
         ALL ARE R/O GANDHI NAGAR
          SATGAON NEAR OFFICE OF THE CONTROLLER OF DEFENCE ACCOUNTS
          P.O. UDAYN BIHAR
          P.S. NOONMATI
          DIST. KAMRUP
         ASSAM
          PIN 781171 RESPONDENT NO. 1 WILL REPRESENTS NO. 2 AND 3
          4:DHONE THAPA
         S/O SHRI PREM BAHADUR THAPA
          R/O QUARTER COMPLEX OF POLICE RESERVE
          P.O. and P.S. SHILLONG
          DIST. EAST KHASI HILLS
          MEGHALAYA
          PIN 793001
          5:MRS. BABRA SOHTUN
         C/O SHRI Y. SOHTUN
          R/O MALKI
          NONGSHILLIANG
                                                              Page No.# 2/4

P.O. and P.S. SHILLONG
DIST. EAST KHASI HILLS
PIN 793001
------------
Advocate for : MR. K BORAH
Advocate for : MR D K KALITA appearing for SMTI SIPRA DAS and 4 ORS


                in Case No. : MACApp./732/2022

THE UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI 600014 AND ONE OF THE REGIONAL OFICE AT G.S. ROAD,
DISPUR, GUWAHATI 781005



VERSUS

SMTI SIPRA DAS and 4 ORS
W/O LATE HIRA LAL DAS

2:MISS RIMPI DAS
 D/O LATE HIRA LAL DAS

3:RUPAM DAS
 S/O LATE HIRA LAL DAS
ALL ARE R/O GANDHI NAGAR
 SATGAON NEAR OFFICE OF THE CONTROLLER OF DEFENCE ACCOUNTS
 P.O. UDAYN BIHAR
 P.S. NOONMATI
 DIST. KAMRUP
ASSAM
 PIN 781171 RESPONDENT NO. 1 WILL REPRESENTS NO. 2 AND 3

4:DHONE THAPA
 S/O SHRI PREM BAHADUR THAPA
 R/O QUARTER COMPLEX OF POLICE RESERVE
 P.O. and P.S. SHILLONG
 DIST. EAST KHASI HILLS
 MEGHALAYA
 PIN 793001

5:MRS. BABRA SOHTUN
 C/O SHRI Y. SOHTUN
 R/O MALKI
 NONGSHILLIANG
 P.O. and P.S. SHILLONG
                                                                       Page No.# 3/4

             DIST. EAST KHASI HILLS
             PIN 79300

Advocate for the Petitioner   : MR. K BORAH

Advocate for the Respondent : MR D K KALITA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 28.09.2022

Heard Mr. G.S. Boro, the learned counsel appearing on behalf of the applicant.

This is an application for stay of the judgment and award dated 5/11/2016 passed by the Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati in MAC Case No.1145/2007(655/2007). Vide the impugned judgment and award the Tribunal below in spite of there being no mention in Form-54 that the driver had the driving license and the owner and driver having not filed their written statement, the Tribunal below have saddled the liability to pay compensation upon the Insurance Company on a presumption that a driver cannot drive the vehicle without a driving license.

As the issue involved in the instant appeal primarily arises as to whether the Insurance Company or the owner of the vehicle is liable to pay the compensation, this Court stays the impugned judgment and award be stayed subject to deposit of the awarded amount i.e. Rs. 19,39,000/- alongwith interest from the date of filing of the claim petition before the Tribunal within 6(six) weeks from today. The Tribunal shall accordingly apply the said amount so Page No.# 4/4

deposited in the manner mentioned in the award. The question as to whether the owner or the appellant herein would be liable to pay compensation would be decided in the instant appeal.

Taking into account that by way of the instant application the entire amount has been directed to be paid, the appellant/ applicant would be at liberty, upon completion of service upon the respondents to file an application for early listing of the appeal for hearing.

The IA stands disposed off.

JUDGE

Comparing Assistant