United India Insurance Company ... vs Ranjita Das And 4 Ors
2023 Latest Caselaw 4407 Gua

                                                               Page No.# 1/3

GAHC010235982023




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

                              Case No: I.A.(Civil)/3170/2023


         UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED HEAD OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI
         AND REPRESENTED BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE
         G.S. ROAD
         DISPUR
         GUWAHATI- 781005.


          VERSUS

         RANJITA DAS AND 4 ORS.
         W/O LATE SURAJ DAS
         VILL.- KATAHBARI
         NEAR BOLOVADRA THA P.O. AND P.S.- GARCHUK DIST.- KAMRUP(M)
         ASSAM
         PIN- 781035.

         2:RICHISMITA DAS
         D/O LATE SURAJ DAS

         VILL.- KATAHBARI
          NEAR BOLOVADRA THA P.O. AND P.S.- GARCHUK DIST.- KAMRUP(M)
          ASSAM
          PIN- 781035.
         (BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER
          THAT IS
          RESPONDENT NO. 1).
          3:MITHILESH KUMAR MANDAL
                                                                       Page No.# 2/3

          S/O SRI THAKUR
          MANDAL

          R/O BELTOLA JAWAHARNAGARM ASSAMKATA COMPLEX
          P.O.- BELTOLA
          P.S.- BASISTHA DIST.- KAMRUP(M)
          ASSAM
          PIN- 781028.
          4:DHANJIT BASUMATARY
          S/O SRI BHOGIRAM BASUMATARY
          VILL.- KATAHBARI GANDHINAGAR
          WARD NO. 15 P.O. AND P.S.- BARPETA DIST.- BARPETA
          ASSAM
          PIN- 781301.
          5:BOMBALI DAS
          W/O LATE BINOD DAS

          VILL.- TUKURAKUCHI P.O.- BATABARI
          P.S.- SIMLA DIST.- BAKSA(ASSAM)
          PIN- 781360.
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for RANJITA DAS AND 4 ORS.



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                       ORDER

Date : 17.10.2023 Heard Mr. R. Goswami, learned counsel for the applicant.

By filing this application under Section XLI, Rule V CPC, the applicant has prayed for stay of the judgment and award dated 21.07.2023, passed by the learned Member, MACT No.3, Kamrup (Metropolitan), Guwahati in MAC Case No.2052/2017.

Issue notice returnable in 4 (four) weeks.

The applicant shall take steps within 2 (two) days for service of notice on the opposite parties by usual process as well as by registered post with A/D.

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The learned counsel for the applicant has submitted that the deceased was a pillion rider in a motor cycle, which was insured under the Act Policy and it is submitted that there are judicial pronouncement wherein it has been laid down that if a pillion rider dies in a road accident involving vehicle having Act Policy, the pillion rider would not be entitled to compensation.

Accordingly, the enforcement of the impugned judgment and award dated 21.07.2023, passed by the learned Member, MACT No.3, Kamrup (Metropolitan), Guwahati in MAC Case No.2052/2017 is stayed without requiring the applicant to make any pre-deposit as a condition for grant of stay.

List after 4 (four) weeks.

JUDGE

Comparing Assistant