Gauhati High Court
New India Assurance Company Ltd vs Sri Manas Das And 5 Ors on 5 August, 2024
Page No.# 1/5
GAHC010185272018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. :
I.A.(Civil)/2004/2024
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS NORTHEASTERN REGIONAL OFFICE AT GS ROAD
GUWAHATI 781005
KAMRUP M ASSAM REPRESENTED BY THE CHIEF REGIONAL MANAGER
VERSUS
SRI MANAS DAS AND 5 ORS
S/O SRI MAKHAN DAS. VILLAGE SANTIPARA
PO
PS AND DIST DIBRUGARH
ASSAM
786001
2:FORMA BULK CARRIER
PROPRIETOR
SRI VIYAJ FORMA. 57
BURTALLA STREET KOLKATTA WEST BENGAL
700007
OWNER
3:THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE NO XIX
6A
SAMBHU CHATTERJEE STREET
KOLKATTA. WEST BENGAL
70007
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4:SRI BIJAY YADAV
S/O SRI REJENDRA YADAV
PICNIC GARDEN ROAD
KOLKATTA. WEST BENGAL
700039
5:SRI PAWAN KR. JAIN
S/O LATE C/L JAIN
C/O C.L SARAWAGI AND CO.
COLE ROAD
NEW MARKET
DIST DIBRUGARH. ASSAM
786001
6:THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.DIVISIONAL OFFICE KHEMKA BUILDING
RK BORDOLOI PATH
DIST DIBRUGARH
ASSAM 786001
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SRI MANAS DAS AND 5 ORS
In
MACApp./336/2024
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS NORTHEASTERN REGIONAL OFFICE AT GS ROAD, GUWAHATI
781005, KAMRUP M ASSAM REPRESENTED BY THE CHIEF REGIONAL
MANAGER,
VERSUS
SRI MANAS DAS AND 5 ORS
S/O SRI MAKHAN DAS. VILLAGE SANTIPARA, PO , PS AND DIST
DIBRUGARH, ASSAM, 786001
2:FORMA BULK CARRIER
PROPRIETOR
SRI VIYAJ FORMA. 57
Page No.# 3/5
BURTALLA STREET KOLKATTA WEST BENGAL
700007
OWNER
3:THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE NO XIX
6A
SAMBHU CHATTERJEE STREET
KOLKATTA. WEST BENGAL
70007
4:SRI BIJAY YADAV
S/O SRI REJENDRA YADAV
PICNIC GARDEN ROAD
KOLKATTA. WEST BENGAL
700039
5:SRI PAWAN KR. JAIN
S/O LATE C/L JAIN
C/O C.L SARAWAGI AND CO.
COLE ROAD
NEW MARKET
DIST DIBRUGARH. ASSAM
786001
6:THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.DIVISIONAL OFFICE KHEMKA
BUILDING
RK BORDOLOI PATH
DIST DIBRUGARH
ASSAM 78600
Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
Advocate for the Respondent : , MR. U K DUTTA,MR. B KAKATI,MS B KASSHYAP
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
05.08.2024
1. Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also
heard Mr. A.J. Saikia, appearing for the respondent Nos. 3 and 6.
2. This Interlocutory application has been registered on filing of an
application by the applicant/appellant praying for stay of the Judgment and
Award dated 21.03.2018 passed by the learned Member, Motor Accident Claims
Tribunal, Dibrugarh, in MAC Case No. 38/2009, which has been impugned by
the applicant in the connected MAC Appeal Case No. 336/2024 .
3. The learned counsel for the applicant has submitted that there was no
insurance policy in respect of the vehicle involved in the accident with the
applicant/insurance company. However, the Tribunal has discarded the evidence
of insurance company, which was laid before the Motor Accident Claims Tribunal
during the enquiry.
4. The learned counsel for the applicant has also submitted that in an
analogous case, arising out of the same accident, an appeal was preferred by
the applicant/appellant and by order dated 31.08.2022, passed in I.A.(Civil) No.
2304/2022, a Co-ordinate Bench of this Court, has granted the stay of execution
of the impugned Judgment in that case, till the disposal of the appeal. Hence,
the counsel has prayed for staying the execution of the Judgment and Award in
the instant case also.
5. Considering the submissions made by the learned counsel for the
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applicant/appellant, this Interlocutory Application is disposed of with a direction
that the applicant/appellant shall deposit 50% of the awarded amount before
the Registry of this Court within a period of 6(six) weeks, from the date of this
order, and subject to such deposit the execution of the impugned Judgment and
Award shall remain stayed, till disposal of the connected MAC Appeal.
6. Considering the above facts, the issuance of notice to the other
respondents is hereby await and this Interlocutory Application is accordingly
disposed of.
JUDGE
Comparing Assistant
