Gauhati High Court
Nikhil Singha Alias Nikhil Singh vs United India Insurance Co Ltd on 21 May, 2025
Page No.# 1/6
GAHC010071512025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1121/2025
NIKHIL SINGHA ALIAS NIKHIL SINGH
S/O-LT. NARESH SINGHA,R/O-POLARPAR,P.O-BAGMARA,P.S-
PANCHGRAM,DIST-HAILAKANDI,ASSAM. PIN-788165
VERSUS
UNITED INDIA INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI-600014
AND ONE OF THE REGIONAL OFFICE AT CHIBBAR HOUSE, G.S. ROAD,
GUWAHATI-5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL
OFFICE, GUWAHATI.
2:AFTAB UDDIN CHOUDHURY
S/O SAMSUL HOQUE CHOUDHURY R/O VILL.- OKANTU
P.O. KHARIKHANA
NAGAON
P.S. LANKA
DIST. NAGON
ASSAM. PIN- 782446
3:MAMOTAJ AHMED TALUKDAR
W/O-NUR UDDIN TALUKDAR
R/O- VILL AND P.O-BARARAMPUR
P.S-BOKKHOLA
DIST-CACHAR
ASSAM
788110
4:JAKIR HUSSAIN
S/O MUJAMIL ALI R/O VILL.-BORDOLOI PATHAR
P.O. TINIALI BAZAR
P.S. LANKA
Page No.# 2/6
DIST. NAGAON
ASSAM. PIN- 782446.
5:FAZIR UDDIN BARBHUIYA
S/O MUZAMIL ALI BARBHUIYA R/O VILL. AND P.O. BORJATRAPUR
UJANGRAM
P.S. BORKHOLA
DIST. CACHAR
ASSAM. PIN- 788110.
6:HDFC ERGO GIC CO LTD
REP. BY THE CLAIMS MANAGER
THE HDFC ERGO GIC CO. LTD. 6TH FLOOR
LEELA BUSINESS PARK
ANDHERI KURLA ROAD
ANDHERI (EAST)
MUMBAI-400059. MAHARASTR
Advocate for the Petitioner : MR. M TALUKDAR,
Advocate for the Respondent : MR. P J BARMAN,
Linked Case : MACApp./46/2025
UNITED INDIA INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT CHIBBAR
HOUSE
G.S. ROAD
GUWAHATI-5
REPRESENTED BY ITS REGIONAL MANAGER
REGIONAL OFFICE
GUWAHATI.
VERSUS
NIKHIL SINGHA @ NIKHIL SINGH
S/O. LT. NARESH SINGHA
R/O. POLARPAR
P/O. BAGMARA
P/S. PANCHGRAM
DIST. HAILAKANDI
Page No.# 3/6
ASSAM.
2:AFTAB UDDIN CHOUDHARI
S/O. SAMSUL HOQUE CHOUDHURY
R/O. VILL.- OKANTU GAON
P/O. KHARIKHANA
DIST. NAGAON
ASSAM
PIN-782446.
3:MAMOTAJ AHMED TALUKDAR
W/O. NUR UDDIN TALUKDAR
R/O. VILL.- AND P/O. BARARAMPUR
P/S. BORKHOLA
DIST. CACHAR
ASSAM.
4:JAKIR HUSSAIN
S/O. MUJAMIL ALI
R/O. VILL.- BORDOLOI PATHAR
P/O. TINIALI BAZAR
P/S. LANKA
DIST. NAGAON
ASSAM.
5:FAZIR UDDIN BHARBHUYAN
S/O. MUZAMIL ALI BARBHUIYA
R/O. VILL. AND P/O.- BORJATRAPUR
UJANGRAM
P/S. BORKHOLA
DIST. CACHAR
ASSAM.
6:HDFC ERGO GIC CO. LTD.
REP. BY THE CLAIMS MANAGER
THE HDFC ERGO G.I.C. CO. LTD.
6TH FLOOR
LEELA BUISNESS PARK
ANDHERI KURLA ROAD
ANDHERI (EAST0
MUMBAR-400059
MAHARASTRA.
------------
Advocate for : MR. P J BARMAN
Advocate for : MR. M TALUKDAR appearing for NIKHIL SINGHA @ NIKHIL
SINGH
Page No.# 4/6
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 21.05.2025
1. Heard Mr. M Talukdar, learned counsel for the applicant.
2. Also heard Mr. P.J Barman, learned Standing counsel for respondent No.
1, United India Insurance Company Ltd.
3. Vide judgment and award dated 16.11.2024, the learned Member, Motor
Accident Claims Tribunal (M.A.C.T), Cachar, Silchar, has directed the respondent No. 1
here in this petition to pay a sum of Rs 16,24,359/- being the compensation to the
applicant herein with interest @ 9% per annum from the date of filing of the claimed
petition i.e. 24.05.2018 till payment is made.
4. Being aggrieved by the aforesaid judgment and award dated 16.11.2024,
the respondent herein, filed an appeal being MAC Appeal No. 46 of 2025 which has
already been admitted vide order dated 24.02.2025.
5. L.C.R has already been called for and though no separate Interlocutory
Application has been filed for staying operation of the impugned judgment and award
yet, a prayer was made in the memo of appeal itself for staying operation of the
impugned judgment and award, but, the same has not been pressed before this Court
at the time of admitting the appeal. As such, there is no stay in the judgment and
award passed by the learned Member, Motor Accident Claims Tribunal (M.A.C.T),
Cachar, Silchar of the judgment and award dated 16.11.2024.
6. This present Interlocutory Application is preferred by the applicant for
issuing direction to the respondent No. 1, United India Insurance Company Ltd. to pay
50% of the awarded amount, pursuant to the judgment and order dated 16.11.2024,
in MAC Case No. 135 of 2018.
7. Mr. M. Talukdar, learned counsel for the applicant submits that the
applicant is the claimant in the MAC Case No. 135 of 2018, as he suffered 40%
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disability in the accident and he has been suffering from acute financial crisis and as
such, there is a requirement for directing the respondent/opposite party to deposit
50% of the awarded amount before the Registry of this Court.
8. Mr. P.J Barman, learned counsel for the respondent submits that he has
filed an objection petition in allowing this application as several grounds are being
taken there in which, if taken note, would affect the very sustainability of the
impugned judgment and award, but, the same were not considered by the learned
Tribunal and that the L.C.R will reveal the aforesaid grounds, and on such count, Mr.
P.J Barman, learned counsel, submits that this petition may be dismissed.
9. Having heard the submissions of learned counsel for both the parties, I
have carefully gone through the petition and the documents mentioned in the record
and also, perused the impugned the judgment and order dated 16.11.2024 and also
the order the order passed by this Court dated 24.02.2025 in MAC Appeal No. 46 of
2025.
10. It appears that in the impugned judgment and award dated 16.11.2024,
the learned Tribunal has directed the respondent/opposite party herein to pay Rs
16,24,359/- with interest @ 9% from the date of filing of the application/petition.
11. Taking note of the submissions made by the learned counsel for both the
parties and also considering the facts and circumstances of the record as well as the
object behind enacting the beneficial legislation, this Court is inclined to allow this
application.
12. The respondent/opposite party No. 1 is directed to deposit 50% of the
awarded amount before the Registry of this Court within a period of 4(four) weeks
from today.
13. The applicant may be allowed to withdraw the same on furnishing a bond.
JUDGE
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Comparing Assistant
