Gauhati High Court
New India Assurance Co Ltd vs Kristamani Tanti on 21 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010028842025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: I.A.(Civil)/476/2025
NEW INDIA ASSURANCE CO LTD
HAVING ITS REGD OFFICE AT 87
MG ROAD
FORT
MUMBAI- 400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE
AT LACHIT NAGAR
GS ROAD
GUWAHATI ASSAM
781007 AND ONE OF ITS BRANCH OFFICE AT JORHAT
VERSUS
KRISTAMANI TANTI
W/O- LATE BADAN TANTI R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786153
2:MISS PUJA TANTI
D/O- LATE BADAN TANTI R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786153
3:MISS PINKI TANTI
D/O- LATE BADAN TANTI R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
Page No.# 2/4
ASSAM
PIN- 786153
4:MASTER DIPANJAL TANTI
S/O- LATE BADAN TANTI R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786153
5:MISS KOSTURI TANTI
D/O- LATE BADAN TANTI R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786153
6:SMTI RADHIKA TANTI
W/O LATE RAMESWAR TANTI
R/O- PRABHAT TEA ESTATE
RUPAI SIDING
P.S- DDOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786153
7:SRI MONURANJAN DOHUTIA
S/O PULIN DOHUTIA
RESIDENT OF NO. 1 MAHONG
PO PURANI PUKHURI
PS BORDUMSA
DIST TINSUKIA ASSAM 786174
8:SRI TUTUKAN MORAN
S/O SRI DIPEN MORAN
RESIDENT OF NA TOLAPATHAR
PS BORDUMSA
DIST. TINSUKIA ASSAM 786152
For the applicant(s) : Ms. A. Biyani, Advocate
For the respondent (s) : XXXX
Page No.# 3/4
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
21.02.2025
Heard Ms. A. Biyani, the learned counsel appearing on
behalf of the appellant.
2. Issue notice making it returnable on 07.04.2025.
3. Steps be taken against the respondent Nos.1 to 8 by way of
registered post with A/D as well as through usual process within
2 (two) days.
4. This is an application seeking stay of the operation of
judgment and award dated 02.11.2024 passed by the learned
Additional Member, MACT, Tinsukia, Assam in MAC Case
No.44/2023 whereby the learned Tribunal awarded an amount of
Rs.22,69,000/- and saddled the liability upon the appellant
Insurance Company with a further direction that the appellant
Insurance Company would be able to recover the same from the
owner.
5. Ms. A. Biyani, the learned appearing on behalf of the
applicant submits that vide the Motor Vehicles (Amendment) Act,
2019 (herein after referred to as 'the Amending Act of 2019'),
the proviso to Section 149(4) as it stood prior to the amendment
Page No.# 4/4
was deleted. She further submits that post the Amending Act of
2019, Sub-section (4) was added to Section 150. However, there
is no proviso as was there prior to the Amending Act of 2019 to
Section 149 (4). She therefore submits that taking into account
that the accident occurred on 09.07.2023 which is post the
Amending Act of 2019 which came into effect from 01.04.2022,
the learned Tribunal was not justified in saddling the liability
upon the appellant Insurance Company inspite of arriving at a
categorical finding that the owner had violated the terms of the
insurance.
6. Taking into account the above, it is the opinion of this Court
that the applicant has been able to make out a case for stay of
the entire amount awarded vide the judgment and award dated
02.11.2024 in MAC Case No.44/2023 for the present.
7. This Court further is of the opinion that before disposing of
the instant application, the respondents are also required to be
heard.
8. Accordingly this Court stays the impugned judgment and
award dated 02.112024 passed in MAC Case No.44/2023 till the
next date.
JUDGE
Comparing Assistant
