Gauhati High Court
United India Insurance Co. Ltd vs Devi Rani Guha And 3 Others on 26 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010102112025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1618/2025
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE
1ST FLOOR
G.S. ROAD
NEAR DISPUR
P.O. GUWAHATI
KAMRUP(M)
PIN 781005 REPRESENTED BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
DEVI RANI GUHA AND 3 OTHERS
W/O GOPAL GUHA
2:GOPAL GUHA
S/O LATE SUKUMAR GUHA
BOTH ARE R/O VILL. DURGABARI
P.S. KRISHNAI
P.O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN 783101
3:MR. CHOTALAL SAH
S/O KRISHNA SAH
R/O VILL. RONGRAM BAZAR
P.O. RONGRAM BAZAR
P.S. WILLIAM NAGAR
DIST. WEST GARO HILLS
Page No.# 2/3
MEGHALAYA
PIN 794111
4:SANJIT BORO
S/O PRADIP BORO
R/O VILL. DILINGA
SONAPUR
P.S. BOKO
P.O. SINGRA DIST. KAMRUP(R)
ASSAM
PIN 781123
For the applicant(s) : Mr. T. Kalita, Advocate
For the respondent (s) : XXXX
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
26.05.2025
Heard Mr. T. Kalita, the learned counsel appearing on behalf of
the applicant.
2. This is an application filed under Order XLI Rule 5 of the
Code of Civil Procedure, 1908 for stay of the judgment and
award dated 15.02.2025 passed in MAC Case No.33/2021 by the
learned Member, Motor Accident Claims Tribunal, Goalpara
whereby an amount of Rs.15,10,830/- along with interested @
7% per annum (except upon the amount calculated on the head
of future prospects) from the date of filing of the claim petition
be paid by the appellant Insurance Company.
Page No.# 3/3
3. The accompanying Appeal has already been admitted on the
ground that there was a violation of the policy conditions.
4. In that view of the matter, this Court directs the appellant
Insurance Company to deposit the amount of Rs,15,10,830/-
along with interest @ 7% per annum (except upon the amount
calculated on the head of future prospects) from the date of
filing of the claim petition before the learned Tribunal within
6(six) weeks from today. The learned Tribunal thereupon shall
apply the said amount in terms with paragraph Nos.33 & 34 of
the impugned judgment and award. Any amount to be disbursed
to the claimants shall be done by the learned Tribunal only
through bank transfer.
5. This Court further observes and directs that in the
circumstance the Appeal is allowed, this Court shall pass
appropriate directions for recovery of the amount so directed to
be deposited by this Court upon the appellant Insurance
Company to be realized from the owner of the vehicle, i.e. the
respondent No.3.
6. With the above, the instant I.A. stands disposed of.
JUDGE
Comparing Assistant
