Gauhati High Court
Page No.# 1/4 vs United India Insurance Co. Ltd on 21 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
2018:GAU-AS:5527
GAHC010164062018
2025:GAU-AS:6447
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3440/2018
MRS. BUNU SHYAM
W/O- LATE BINOD SHYAM
R/O- RAM KRISHNA NAGAR, NEAR CLUB ROAD, P.O.- CHINAMORA, P.S.-
LICHUBARI, DIST.- JORHAT, PRESENTLY RESIDING AT C/O- SRI PADMA
SHYAM, HOUSE NO. 49, NARENGI HOUSING COLONY, P.O.- NARENGI, P.S.-
NOONMATI, GUWAHATI, KAMRUP, ASSAM
VERSUS
UNITED INDIA INSURANCE CO. LTD.
REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S.
ROAD, DISPUR, GUWAHATI-5, KAMRUP, ASSAM
(INSURER OF THE TRUCK NO. AS-01-C-8029)
POLICY NO. 130402/31/09/02/00001792 VALID UPTO 14-09-2010
Advocate for the Petitioner : MR S M T CHISTIE, MR. S BORA
Advocate for the Respondent : MR. A J SAIKIA, MR. U K DUTTA,MR. B KAKATI,MS B
KASSHYAP
Linked Case : MACApp./284/2013
BUNU SHYAM and 4 ORS.
W/O LT. BINOD SHYAM
R/O RAM KRISHNA NAGAR
NEAR CLUB ROAD
Page No.# 2/4
2018:GAU-AS:5527
PO. CHINAMORA
PS. LICHUBARI
DIST. JORHAT
PRESENTLY RESIDING AT C/O PADMA SHYAM
HOUSE NO. 49
NARENGI HOUSING COLONY
PO. NARENGI
PS. NOONMATI
GUWAHATI
KAMRUP
ASSAM.
2: MS. JAYSONG SHYAM
C/O MRS. BUNU SHYAM
3: MS. ESONG SHYAM
C/O BUNU SHYAM
4: SMT. NANDI SHYAM
W/O LAHESWAR SHYAM
R/O BALIJAN SHYAM GAON
PO. BAHANI
KHARIKATIA
DIST. JORHAT
ASSAM
5: LAHESWAR SHYAM
S/O LT. KOLIA SHYAM
R/O BALIJAN SHYAM GAON
PO. BAHANI
KHARIKATIA
DIST. JORHAT
ASSAM THE CLAIMANT NO.1 IS THE WIFE
CLAIMANT 2 and 3 ARE MINOR DAUGHTERS OF THE DECEASED BINOD
SHYAM
CLAIMANT NO.3 and 4 ARE THE AGED PARENTS OF THE DECEASED
BONOD SHYAM AND THE CLAIMANT NOS. 2
3
4 AND 5 ARE BEING REP. BY THE CLAIMANT NO.1.
VERSUS
UNITED INDIA INSURANCE CO. LTD. and 2 ORS.
REP. BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
G.S.ROAD
Page No.# 3/4
2018:GAU-AS:5527
DISPUR
GUWAHATI-5
KAMRUP
ASSAM INSURER OF THE TRUCK NO. AS-01-C-8029
POL. NO. 130402/31/09/02/00001792 VALID UPTO 14.9.2010.
2:BADAR HUSSAIN
S/O LT. SERJIT ALI
R/O JAKHALAPAR OPP. DIC OFFICE
PO. CHINAMARA
DIST. JORHAT
ASSAM OWNER OF THE TRUCK NO. AS-01-C-8029
3:MUNIN BORAH
S/O LT. BAPURAM BORAH
R/O NAPAM GAON
JALUKONIBARI
PO. JALUKONIBARI
DIST. JORHAT
ASSAM DRIVER OF THE TRUCK NO. AS-01-C-8029 D/O NO.
82315/MKG/PROOF DATED 22.07.2009 VALID UPTO 20.7.2012
------------
Advocate for the applicant(s): Ms. P Das
Advocate for the respondent(s): Mr. AJ Saikia
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
21.05.2025
Heard Ms. P Das, the learned counsel appearing on behalf of the applicants.
Page No.# 4/4
2018:GAU-AS:5527
Mr. AJ Saikia, the learned counsel who appears on behalf of the respondent
No.1
2. This is an application filed under Section 151 of the Code of Civil
Procedure, 1908 (for short, the Code) seeking a direction upon the respondent
No.1 to make calculation as directed in paragraphs 13 and 14 of the judgment
dated 09.04.2018 passed by this Court in MAC Appeal No.284/2013.
3. This Court is of the opinion that when the judgment and award has been
passed by this Court whereby there is certain enhancement to the award, the
applicants herein, if so aggrieved will have to take resort to a proceedings
before the Tribunal for the purpose of enforcing the said award and not file an
application under Section 151 of the Code before this Court. Consequently, this
Court finds the instant application not maintainable, for which, the instant
application stands closed.
4. Closing of the instant application, however, shall not prejudice the right of
the applicants to approach the learned Tribunal.
JUDGE
Comparing Assistant
