Gauhati High Court
Oriental Insurance Company Ltd vs Smt Mami Bhagawati And 5 Ors on 24 February, 2023
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GAHC010092552018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./775/2018
ORIENTAL INSURANCE COMPANY 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 MAMI BHAGAWATI AND 5 ORS
W/O SRI GOKUL CH. GOSWAMI, R/O VILL. BASANTIPUR, P.O. AND P.S.
TEZPUR, DIST. SONITPUR, ASSAM 783001
2:MD. MAHAMMAD MAKSUD ANSARI
S/O MD. HASAN ANSARI
C/O RAI CARRIER
BEHARBARI
NEAR NILACHAL PARKING
GUWAHATI
DIST. KAMRUP (M)
ASSAM 781038 (OWNER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
3:MD. MONIR ANSARI
S/O MD. JAN MAHAMMAD ANSARI KAMAL PURABI PHROWL
POKAMALPUR
BITHROWL
DIST. KAMRUP
ASSAM 781031 (DRIVER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
4:THE NEW INDIA ASSURANCE CO. LTD.
TEZPUR BRANCH
MAIN ROAD
TEZPUR 783001 (INSURER OF THE VEHICLE NO. AS-01/DD-6641 (TRCUK))
Page No.# 2/5
6:MD. ABDUL KHALEK
S/O LATE ASRAB ALI KAJI
R/O VILL. KATHPARAGAON
P.S. RUPAI
DIST. NAGAON
ASSAM 782004 (DRIVER OF THE VEHICLE NO. AS-01/AP-7655
Advocate for the Petitioner : MR S DUTTA
Advocate for the Respondent : MR. S C BISWAS
Linked Case : I.A.(Civil)/3107/2018
ORIENTAL INSURANCE COMPANY 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 MAMI BHAGAWATI AND 5 ORS
W/O SRI GOKUL CH. GOSWAMI
R/O VILL. BASANTIPUR
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM 783001
2:MD. MAHAMMAD MAKSUD ANSARI
S/O MD. HASAN ANSARI
C/O RAI CARRIER
BEHARBARI
NEAR NILACHAL PARKING
GUWAHATI
DIST. KAMRUP (M)
ASSAM 781038 (OWNER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
3:MD. MONIR ANSARI
S/O MD. JAN MAHAMMAD ANSARI KAMAL PURABI PHROWL
POKAMALPUR
BITHROWL
DIST. KAMRUP
ASSAM 781031 (DRIVER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
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4:THE NEW INDIA ASSURANCE CO. LTD.
TEZPUR BRANCH
MAIN ROAD
TEZPUR 783001 (INSURER OF THE VEHICLE NO. AS-01/DD-6641 (TRCUK))
5:MD. ABDUL KHALEK
S/O LATE A. ALI
R/O A ROY
JYOTIKUCHI KALI MANDIR
HOUSE NO. 31
DIST. KAMRUP (M)
ASSAM-781009 (OWNER OF THE VEHICLE NO. AS-01/AP-7655)
6:MD. ABDUL KHALEK
S/O LATE ASRAB ALI KAJI
R/O VILL. KATHPARAGAON
P.S. RUPAI
DIST. NAGAON
ASSAM 782004 (DRIVER OF THE VEHICLE NO. AS-01/AP-7655)
------------
Advocate for :
Advocate for : appearing for SMT MAMI BHAGAWATI AND 5 ORS
Linked Case : I.A.(Civil)/3106/2018
ORIENTAL INSURANCE COMPANY 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 MAMI BHAGAWATI AND 5 ORS
W/O SRI GOKUL CH. GOSWAMI
R/O VILL. BASANTIPUR
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM 783001
2:MD. MAHAMMAD MAKSUD ANSARI
S/O MD. HASAN ANSARI
C/O RAI CARRIER
BEHARBARI
NEAR NILACHAL PARKING
GUWAHATI
Page No.# 4/5
DIST. KAMRUP (M)
ASSAM 781038 (OWNER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
3:MD. MONIR ANSARI
S/O MD. JAN MAHAMMAD ANSARI KAMAL PURABI PHROWL
POKAMALPUR
BITHROWL
DIST. KAMRUP
ASSAM 781031 (DRIVER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))
4:THE NEW INDIA ASSURANCE CO. LTD.
TEZPUR BRANCH
MAIN ROAD
TEZPUR 783001 (INSURER OF THE VEHICLE NO. AS-01/DD-6641 (TRCUK))
5:MD. ABDUL KHALEK
S/O LATE A. ALI
R/O A ROY
JYOTIKUCHI KALI MANDIR
HOUSE NO. 31
DIST. KAMRUP (M)
ASSAM-781009 (OWNER OF THE VEHICLE NO. AS-01/AP-7655)
6:MD. ABDUL KHALEK
S/O LATE ASRAB ALI KAJI
R/O VILL. KATHPARAGAON
P.S. RUPAI
DIST. NAGAON
ASSAM 782004 (DRIVER OF THE VEHICLE NO. AS-01/AP-7655)
------------
Advocate for :
Advocate for : MR. S C BISWAS (R1) appearing for SMT MAMI BHAGAWATI AND
5 ORS
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
24.02.2023
Heard Mr. S.C. Biswas, learned counsel for respondent No.1 alongwith Mr. G.
Goswami, learned counsel for respondent No.4 and Ms. S. Mochahari appearing on
behalf of Mr. S. Dutta, learned counsel for the appellant.
Mr. S.C. Biswas, learned counsel for respondent No.1 prays that though this
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appeal was admitted on 18.09.2022 he prays that the appellant Insurance Company
may be asked to deposit atleast 50% of the awarded amount since the respondent
No.1 is suffering due to the accident.
Ms. S. Mochahari, learned counsel for the Insurance Company has not raised
any objection.
In view of the above, the appellant/Insurance Company is directed to deposit
50% of the awarded amount in the Judgment & Order dated 25.10.2017 passed by
the learned Member, MAC Claims Tribunal, Sonitpur, Tezpur in MAC Case
No.86/2016(D) in the Registry.
The appellant/Insurance Company is to do the needful within 1 (one) month.
On deposit of the said 50%, the respondent No.1 is allowed to collect the amount
after due verification by the Registry.
In the meantime, this matter may be listed for hearing since LCR is received and
the parties have been duly represented.
List the matter for hearing after 2 (two) weeks.
..
JUDGE
Comparing Assistant
