Gauhati High Court
United India Insurance Co. Ltd vs Rekha Das And Ors on 7 August, 2023
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GAHC010170242022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2606/2022
in
MACApp./592/2022
UNITED INDIA INSURANCE CO. LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT WHITES ROAD
CHENNAI
600014 AND ONE OF THE REGIONAL OFFICE AT GS ROAD
DISPUR
GUWAHATI 781005
VERSUS
REKHA DAS AND ORS
W/O LATE BIPUL DAS
RESIDENT OF VILLAGE NO. 1
BALASIDDHI
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM. 781124
2:MISS DOLLY DAS
D/O LATE BIPUL DAS
RESIDENT OF VILLAGE NO. 1
BALASIDDHI
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM. 781124
3:MISS RIYA DAS
D/O LATE BIPUL DAS
RESIDENT OF VILLAGE NO. 1
BALASIDDHI
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM. 781124
4:SRI RAJEN DAS
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FATHER OF LATE BIPUL DAS
RESIDENT OF VILLAGE NO. 1
BALASIDDHI
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM. 781124
5:SMTI MINATI DAS
MOTHER OF LATE BIPUL DAS
RESIDENT OF VILLAGE NO. 1
BALASIDDHI
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM. 781124
RES. 1 WILL REP. RES. NO. 2 AND 3
6:SHRI RIDIP KUMAR DAS
S/O LATE RAMESH CHANDRA DAS
RESIDENT OF VILLAGE MATHPARA
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM 781124
7:SSRI MEGH NATH BORKAKOTI
S/O SRI RAMA BORKAKOTI
RESIDENT OF VILLAGE THAKURPARA
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM 781124
------------
Advocate for : MR. A J SAIKIA
Advocate for : appearing for REKHA DAS AND ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07.08.2023
Heard Shri AJ Saikia, learned counsel for the applicant, who by means of this
application has prayed for stay of the judgment and award dated 30.05.2022 passed
by the learned MACT No. 1, Kamrup in MAC Case No. 69/2015.
2. Also heard Shri D. Borah, learned counsel, who has appeared on behalf of the
respondent nos. 1 to 5 / claimants.
3. Shri Saikia, learned counsel for the applicant submits that the involvement of
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the vehicle itself has been questioned and therefore, the impugned award is required
to be stayed.
4. On the other hand, Shri Borah, learned counsel for the respondents / claimants
has submitted that the accident is of the year 2014 and the claim was lodged in the
year 2015 in which death was caused. He therefore submits that even if an interim
order of stay is granted, a direction be made to deposit 50% of the award.
5. After consideration of the rival submissions and taking into account the
objective of the Act, the impugned judgment and award dated 30.05.2022 passed by
the learned MACT No. 1, Kamrup in MAC Case No. 69/2015 is stayed, subject to
deposit of 50% of the awarded amount in the Registry of this Court. Such deposit is to
be made within a period of 2(two) months from today.
6. The respondent nos. 1 to 5 / claimants would be at liberty to withdraw the
aforesaid amount by submitting a bond and on being properly identified by the
learned counsel for the respondents-claimants. Since, there are five numbers of
claimants, release may be made in the name of the respondent no. 1, Rekha Das, who
is wife of the deceased - Bipul Das and the mother of the respondent nos. 2 to 5.
7. The application stands disposed of.
JUDGE
Comparing Assistant
