Gauhati High Court
Page No.# 1/5 vs United India Insurance Co. Ltd on 13 February, 2023
Page No.# 1/5
GAHC010249672022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
Case No. : I.A.(Civil)/3577/2022
ALA BAKS @ AL BAKASA AND 2 ORS.
S/O LATE TAFIJ UDDIN.
RESIDENT OF VILLAGE BONNYAGURI, PO JALESWAR, PS
LAKHIPUR, DIST GOALPARA, ASSAM, 783132
2: SAHERA KHATUN
W/O ALA BAKS @ AL BAKASA
RESIDENT OF VILLAGE BONNYAGURI
PO JALESWAR
PS LAKHIPUR
DIST GOALPARA
ASSAM
783132
3: JUIAL SK
S/O LATE ABDUL MOTALEB @ ABDUL MOTALIB
RESIDENT OF VILLAGE BONNYAGURI
PO JALESWAR
PS LAKHIPUR
DIST GOALPARA
ASSAM
783132. BEING MINOR
REPRESENTED BY APPLICANT NO.
VERSUS
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD,
CHENNAI, 600014 AND REGIONAL OFFICE AT GUWAHATI 05,
REPRESENTED BY THE REGIONAL MANAGER.
Page No.# 2/5
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MS. M CHOUDHURY
Linked Case : MACApp./128/2022
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 24
WHITES ROAD
CHENNAI
600014 AND REGIONAL OFFICE AT GUWAHATI 05
REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
ALA BAKS @ AL BAKASA AND 7 ORS.
S/O LATE TAFIJ UDDIN.
RESIDENT OF VILLAGE BONNYAGURI
PO JALESWAR
PS LAKHIPUR
DIST GOALPARA
ASSAM
783132
2:SAHERA KHATUN
W/O ALA BAKS @ AL BAKASA
RESIDENT OF VILLAGE BONNYAGURI
PO JALESWAR
PS LAKHIPUR
DIST GOALPARA
ASSAM
783132
3:JUIAL SK
S/O LATE ABDUL MOTALEB @ ABDUL MOTALIB
RESIDENT OF VILLAGE BONNYAGURI
PO JALESWAR
PS LAKHIPUR
Page No.# 3/5
DIST GOALPARA
ASSAM
783132
4:BINITA GOGOI
W/O LATE TAPAN CHUTIA
VILLAGE DOOMUR DALLONG
PS MORANGHAT
TILOIJAAN
DIST DIBRUGARH
ASSAM
785670
5:SRI NABAJIT BOKALIAL
S/O LATE KHOGEN BOKOLIAL
PO BOGADAT
PS TINGKHONG
DIST DIBRUGARH
ASSAM
786612
6:DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD. BONGAIGAON DIVISION
PO
PS AND DIST BONGAIGAON
ASSAM
7:JUBEDA BEGUM
W/O IMDADUL HOQUE @ ISLAM
C/O MD. NURUL HUDA
VILLAGE AMOLAPATTI(ROJGOLI) PS AND DIST DIBRUGARH
ASSAM 786001
8:RAJKUMAR BHAGAT
S/O LAXMAN BHAGAT
RESIDENT OF SHANTIPARA PN ROAD
PS AND DIST DIBRUGARH
ASSAM
786001
------------
Advocate for : MR SISHIR DUTTA
Advocate for : MR. A R AGARWALA appearing for ALA BAKS @ AL
BAKASA AND 7 ORS.
Page No.# 4/5
BEFORE
HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 13.02.2023
Heard Mr. A.R. Agarwala, learned counsel for the applicant, and
Ms. M. Choudhury, learned counsel for the opposite party.
It is submitted by Mr. A.R. Agarwala that 50% of the award
deposited by the appellant may be released to the
applicant/respondent. The learned counsel appearing for the opposite
party/appellant submits that one of the grounds for challenging the
impugned judgment and award in the appeal is that since there are
two vehicles involved, there is a contributory negligence, therefore, the
appellant alone should not have been made liable. And as such, in
case 50% of the award is released it would amount to releasing the
whole amount of the award, which would be the share of the
appellant. The learned counsel also submitted that the appeal may be
heard at the earliest instead of releasing the 50% of the award. Mr.
A.R. Agarwala, learned counsel of the applicant submits that the award
is only against the appellant and not against any other; therefore, the
amount may be released to the applicant. He also submits that the
applicant is ready to furnish Indemnity Bond in case the prayer is
allowed.
Considering the submissions of both the learned counsels and
taking into view the facts and circumstance of the case, this Court is of
the view that the amount may be released since the applicant is ready
to furnish Indemnity Bond. In that view of the matter the IA is
Page No.# 5/5
allowed. Let the 50% of the award deposited to the Registry be
released to the applicant, subject to furnishing of an Indemnity Bond.
IA disposed.
JUDGE
Comparing Assistant
