Gauhati High Court
Page No.# 1/3 vs United India Insurance Co Ltd on 10 June, 2025
Page No.# 1/3
GAHC010086942025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1349/2025
SMT DIPAMONI BORBORAH
W/O BHRIGU BORBORAH, RESIDENT OF VILLAGE TIPAM GAON, PS
JOYPUR, DIST DIBRUGARH, ASSAM 786614
2: MISS VAILINA BORBORA
D/O BHRIGU BORBORAH
RESIDENT OF VILLAGE TIPAM GAON
PS JOYPUR
DIST DIBRUGARH
ASSAM 786614
TO BE REP. BY RES. NO. 1
3: MASTER ANURAG BORBORAH
S/O BHRIGU BORBORAH
RESIDENT OF VILLAGE TIPAM GAON
PS JOYPUR
DIST DIBRUGARH
ASSAM 786614
TO BE REP. BY RES. NO. 1
4: SMTI NIRJU BORBORAH
W/O SRI LILA BORBORAH
RESIDENT OF VILLAGE TIPAM GAON
PS JOYPUR
DIST DIBRUGARH
ASSAM 78661
VERSUS
UNITED INDIA INSURANCE CO LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT GS ROAD,
DISPUR GUWAHATI 781005
Page No.# 2/3
2:SMTI RASHMI DUTTA
W/O SRI RUPANTA KUMAR DUTTA
AD RESIDENCY
KAMALABARI ROAD
PO DULIAJAN
DIST DIBRUGARH
ASSAM 786602
3:SHRI PRASANTA PHUKAN
S/O LATE GIRIN CHANDRA PHUKAN
RESIDENT OF VILLAGE TIPLING PURANGAGHAT DULIAJAN
PO AND PS DULIAJAN DIST DIBRUGARH, ASSAM 786602
4:SRI LILA BORBORAH
S/O LATE MOHI KANTA BORBORAH
RESIDENT OF VILLAGE TIPAM GAON
PS JOYPUR, DIST DIBRUGARH, ASSAM 786614
5:THE NEW INDIA ASSURANCE CO. LTD.
REPRESENTED BY THE REGIONAL OFFICE
STAR CITY BUILDING 5TH FLOOR
M.S.S. PATH LACHIT NAGAR GUWAHATI DIST KAMRUP M ASSAM 78100
Advocate for the Petitioner : MR D KALITA,
Advocate for the Respondent : MR. A J SAIKIA, MR. S. PEGU,M CHETIA
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
10.06.2025
Heard Mr. D. Kalita, learned counsel for the applicants and also heard Mr. A.J.
Saikia, learned counsel for the opposite party/appellant.
This interlocutory application is preferred by the applicants for releasing a sum of
Rs.26,05,400/- being deposited by the opposite party/appellant pursuant to the order of
this Court dated 16.09.2024 passed in I.A.(Civil) No.2835/2024.
Mr. Kalita, learned counsel for the applicants submits that in MAC Case No.57/2022,
Page No.# 3/3
the learned Tribunal has awarded a sum of Rs.52,10,800/-, being the compensation and
directed the opposite party/appellant herein to make payment of the same and being
aggrieved, the opposite party/appellant preferred one MAC Appeal, being MAC Appeal
No.488/2024, wherein, this Court vide order dated 16.09.2024, in I.A.(Civil)
No.2835/2024, was pleased to stay the operation of the judgment and award dated
13.05.2024, subject to deposit of 50% of the awarded amount and thereafter, the
opposite party/appellant herein deposited the 50% of the awarded amount, being
Rs.26,05,400/- and the same amount is required to be released in favour of the
applicants herein.
Mr. Saikia, learned counsel for the opposite party/appellant submits that the
opposite party/appellant has filed objection and submits that the opposite party/appellant
in the MAC Appeal No.488/2024 is not liable to pay the amount of compensation directed
by the Tribunal, as at the relevant point of time the deceased had a learner's licence and
he was driving the vehicle in the wrong side of the road and therefore, Mr. Saikia has
posed in releasing the aforesaid awarded amount in favour of the applicants.
The submission of Mr. Saikia has to be considered at the time of hearing the
appeal. At this stage, taking note of the submission of learned counsel for both the
parties and also keeping in mind the statement, object and reason behind enacting the
benevolent provision in the Motor Vehicles Act, this Court is inclined to allow this
interlocutory application. It is provided that the amount being deposited before the
Registry of this Court shall be released in favour of the applicants on their executing an
indemnity bond of equal amount.
In terms of above, the I.A. stands disposed of.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
