Gauhati High Court
Page No.# 1/3 vs Babul Gawala @ Bablu Anr 2 Ors H on 21 March, 2025
Page No.# 1/3
GAHC010046942024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./91/2025
ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REP. BY THE
DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-
781007.
VERSUS
BABUL GAWALA @ BABLU ANR 2 ORS H
S/O. PATRA GAWALA
2:SRI. CHAU DANGRI @ SAHU
S/O. LT. RAGHU DANGRI
BOTH ARE RESIDENT OF VILL. AMARIBARI T.E.
P/O. AND P/S. RANGAPARA
DIST. SONITPUR
ASSAM PIN-784101
3:SRI. RISHI PAL SINGH TANWAR
S/O. SUMER SINGH @ S.S TANWAR
R/O. BARAI T.E.
P/O. AND P/S. HELEM
DIST. BISWANATH CHARIALI
ASSAM PIN-78417
Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
Advocate for the Respondent : ,
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BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
21.03.2025
Heard Ms R D Mozumdar, learned counsel for the appellant and Mr A T Sarkar,
learned counsel for the respondent No. 1.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed
against the Judgment and Award dated 12.10.2023, passed by the learned Motor
Accident Claims Tribunal No. 1, Kamrup (Metro), Guwahati, in MAC Case No.
2082/2017.
3. It is to be noted here that vide impugned Judgment and Award dated
12.10.2023, the learned Tribunal has awarded a sum of Rs. 19,96,601/- (Rupees
Nineteen Lacs Ninety Six Thousand Six Hundred One) only, being compensation
and directed the appellant herein, to pay the said amount with 6% interest per
annum, from the date of filing the claim petition.
4. Perused the memo of appeal and the grounds mentioned therein and also
perused the impugned Judgment and Award dated 12.10.2023, passed by the
learned Motor Accident Claims Tribunal No. 1, Kamrup (Metro), Guwahati, in MAC
Case No. 2082/2017.
5. Admit.
6. Since Mr A T Sarkar, learned counsel has entered appearance on behalf of
respondent No. 1, no formal notice is required to be issued. However, extra
requisite copies of the memo of appeal be furnished to him, during the course of
the day.
7. Ms Mozumdar, learned counsel for the appellant submits that the appellant
has assailed the impugned Judgment and Award on the quantum only and as such,
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respondent Nos. 2 and 3 are only formal parties and no formal notice is required to
be issued to them, at this stage, and she further submits that their names may be
struck off from the array of the memo of appeal.
8. Prayer is accordingly allowed at the cost and risk of the appellant herein. The
names of respondent Nos. 2 and 3, be struck off from the array of the memo of
appeal.
9. Learned counsel for the appellant submits that there is a requirement for
staying the operation of the impugned Judgment and Award, passed by the learned
Tribunal and that the appellant will deposit 50% of the awarded amount before the
Registry of this Court and as such, Ms Mozumdar has contended that the impugned
Judgment and Award may be stayed, till the disposal of this appeal.
10. Mr Sarkar, learned counsel for the respondent No. 1, submits that in the
event of deposit of 50% of the awarded amount, respondent No. 1 may be allowed
to withdraw the same and to that effect, he has also filed one interlocutory
application being IA(Civil) No. 827/2025.
11. Taking note of the submission of Ms Mozumdar, learned counsel for the
appellant and also the submission of Mr Sarkar, learned counsel for the respondent
No. 1, operation of the impugned Judgment and Award dated 12.10.2023, stands
stayed, till disposal of the appeal, subject however, to deposit of 50% of the
awarded amount before the Registry of this Court and the respondent No. 1 is
allowed to withdraw the said amount from the Registry of this Court.
12. Registry shall call for the records from the learned Tribunal.
13. List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
