The Oriental Insurance Company Ltd vs Bipul Ch. Das And 3 Ors
2023 Latest Caselaw 4756 Gua

Gauhati High Court

The Oriental Insurance Company Ltd vs Bipul Ch. Das And 3 Ors on 28 November, 2023

Author: Ajit Borthakur

Bench: Ajit Borthakur

                                                                       Page No.# 1/3

GAHC010185692020




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

                          Case No. : MACApp./295/2020

         THE ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT ASAF ALI ROAD, NEW DELHI AND
         REGIONAL OFFICE AT G.S. ROAD ROAD, ULUBARI, GUWAHATI, REP. BY
         ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI. (INSURER OF
         THE VEHICLE NO. AS-19C-9635 (TRACTOR).



         VERSUS

         BIPUL CH. DAS AND 3 ORS.
         S/O- LATE LAKHYAN CH. DAS, R/O- BARNALIKUCHI, P.O. AND P.S.
         PATACHARKUCHI, DIST.- BARPETA, ASSAM, PIN- 781301.

         2:SANTOSH DAS
          S/O- LAKHYAN CH. DAS
          R/O- VILL.- BORLAOGAON PART-II
          P.O. AND P.S. BIJNI
          PIN- 783390
          DIST.- CHIRANG (BTAD)
         ASSAM.

         3:EJAJUL ALI
          S/O- BAREK ALI
          R/O- VILL.- NALBARI BARAMA ROAD
         WARD NO. 11
          P.S. AND DIST.- NALBARI
         ASSAM
          PIN- 781335. (DRIVER OF VEHICLE NO. AS-19C-9635 (TRACTOR).

         4:JAHANGIR ALI
          S/O- ABUL HUSSAIN
          R/O- VILL.- BARDONGA
          P.S. KALGACHIA
                                                                         Page No.# 2/3

             DIST.- BARPETA
             ASSAM
             PIN- 781301. (OWNER OF VEHICLE NO. AS-19C-9635 (TRACTOR)

Advocate for the Petitioner   : MR. A DUTTA

Advocate for the Respondent : MR G P CHETIA (R-1,2)




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

28.11.2023

Heard Mr. R. Sharma, learned counsel for the appellant. Also heard Mr. N. Ahmed, learned counsel for the respondent Nos.1 and 2.

Notice issued to the respondent Nos. 3 and 4 have not returned.

Await service report.

It is seen that the Court of learned Member, MACT, Barpeta vide judgment and award, dated 04.09.2020, passed in MAC Case No.117, 118/2020 awarded a sum of Rs.10,35,000/- in favour of the claimants/respondents herein. The instant appeal has been preferred by the Oriental Insurance Company Ltd./OP No. 3 in the original appeal.

Upon hearing the learned counsel for both sides and considering the beneficial legislation of the Motor Vehicles Act, it is provided that the appellant/Oriental Insurance Company Ltd. shall deposit 50% of the awarded amount of Rs.10,35,000/- before the Registry of this Court in favour of the claimants/respondents Nos. 1 and 2 within a period of 1(one) month from the Page No.# 3/3

date of this order, which shall be released to the claimants/respondents on execution of bond after proper identification.

List this matter after 3(three) weeks.

JUDGE

Comparing Assistant