Gauhati High Court
Magma Hdi General Insurance Co. Ltd vs Moon Saikia And Ors on 28 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010030232025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: I.A.(Civil)/538/2025
MAGMA HDI GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR
F-FORT
SOUTH SARANIA
ULUBARI
G.S. ROAD
GUWAHATI-781007.
VERSUS
MOON SAIKIA AND ORS
W/O. LT. LUHIT SAIKIA
2:PRIYAKHI SAIKIA
D/O. LT. LUHIT SAIKIA
3:ANKUR SAIKIA
S/O. LT. LUHIT SAIKIA
4:JUNU SAIKIA
W/O. SRI DUGDHA SAIKIA
ALL ARE R/O. VILL.- GORIA BORPATHAR
P/O. GORIATIKA BARPATHAR
P/S. KAMARGAON
DIST. GOLAGHAT
ASSAM
PIN-785619.
RESPONDENT NO. 3 BEING MINOR IS REP. BY HIS MOTHER I.E.
RESPONDENT NO. 1
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5:TANUJA GOWALA
W/O. SRI PRAKASH GOWALA
R/O. VILL.- GERIGAON
P/O. AND P/S. KAMARGAON
DIST. GOLAGHAT
PIN-785619.
6:MUHIT KANU
S/O. SRI MANTU KANU
R/O. VILL.- BONGAON
P/O. BONGAON
P/S. DERGAON
DIST. GOLAGHAT
PIN-785611
7:DUGDHA SAIKIA
VILL. GORIA BORPATHAR
P/O. GORIATIKA BARPATHAR
P/S. KAMARGAON
DIST. GOLAGHAT
ASSAM
PIN-785619.
For the applicant(s) : Mr. S. K. Goswami, Advocate
For the respondent (s) : XXXX
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
28.02.2025
Heard Mr. S. K. Goswami, the learned counsel appearing on
behalf of the applicant.
2. Issue notice making it returnable on 07.04.2025.
3. Steps be taken against the respondent Nos.1 to 2 by way of
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registered post with A/D as well as through usual process within
3 days.
4. This is an application seeking stay of the operation of
judgment and award dated 10.12.2024 passed by the learned
Member, MACT No.2, Kamrup (M) in MAC Case No.132/2023
whereby the learned Tribunal awarded an amount of
Rs.22,57,399.84/- 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. Mr. S. K. Goswami, the learned counsel 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 was deleted. He 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). He therefore
submits that taking into account that the accident occurred on
20.12.2022 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
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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
10.12.2024 in MAC Case No.132/2023 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 10.12.2024 passed in MAC Case No.132/2023 till
the next date.
JUDGE
Comparing Assistant
