Page No.# 1/2 vs The United Insurance Company Limited
2025 Latest Caselaw 2940 Gua

Gauhati High Court

Page No.# 1/2 vs The United Insurance Company Limited on 7 February, 2025

                                                                        Page No.# 1/2

GAHC010006552024




                                                                 2025:GAU-AS:1288

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

                              Case No. : I.A.(Civil)/110/2024

            SRI MANORANJAN SINGHA
            - S/O- LATE TIKEN SINGHA, VILL.- BAIKUNTHAPUR, P.O. AND P.S. AGIA,
            DIST.- GOALPARA, ASSAM, PIN- 783101.



            VERSUS

            THE UNITED INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014
            AND REGIONAL OFFICE AT CHIBBER HOUSE, G.S. ROAD, GUWAHATI-5,
            REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE AT GUWAHATI.
            (INSURER OF VEHICLE NO. UP-53/T-9651 (TRUCK).



Advocate for the Petitioner   : MR. A R AGARWALA,

Advocate for the Respondent : MS. A DUTTA,




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                           ORDER

Date : 07-02-2025

Heard Mr. A. R. Agarwala, learned counsel for the applicant. I have also heard Mr. M. Dutta, learned counsel for the opposite party/United Insurance Company Limited.

Page No.# 2/2

This is an application seeking direction to the opposite party/ United Insurance Company Limited to deposit 50% of the total awarded amount.

It is submitted that the appellant challenged the judgment and award dated 19.11.2018. However, the appeal was heard in absence of the applicant/claimant and has stayed the operation of the impugned order without passing any order for deposition of any amount. Therefore, prays for a direction to deposit at least 50% of the awarded amount.

Mr. M. Dutta, learned counsel appearing on behalf of the opposite party objected the prayer on the ground that the impugned judgment and award was passed basing on the nonexistent insurance policy produced by the owner of the offending vehicle.

Heard both the learned counsel for the parties.

Since the operation of the impugned judgment and award dated 19.11.2018 has been stayed in absence of the opposite party/claimant, I am of the opinion that the opposite party United Insurance Company Limited should deposit at least a sum of Rs. 60,000/- before the Registry of this Court. Accordingly, the opposite party/ appellant is directed to deposit Rs. 60,000/- before the Registry of this Court within 6(six) weeks from today.

With the above, this IA stands disposed of.

JUDGE

Comparing Assistant