Page No.# 1/3 vs Ms. Bela Shah And 3 Ors
2025 Latest Caselaw 653 Gua

Gauhati High Court

Page No.# 1/3 vs Ms. Bela Shah And 3 Ors on 16 May, 2025

                                                                      Page No.# 1/3

GAHC010230412022




                                                                2025:GAU-AS:6101

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./223/2024

            THE NEW INDIA ASSURANCE CO. LTD.
            BELTOLA BRANCH, REPRESENTED BY THE REGIONAL MANAGER, G.S.
            ROAD, BHANGAGARH, GUWAHATI, ASSAM.



            VERSUS

            MS. BELA SHAH and 3 ORS,
            W/O LATE HIMANSHU SHAH @ HIMANSHU H SHAH
            R/O THANE P.O. and P.S. THANE, MAHARASTRA, DIST. THANE,
            MAHARASTRA

            2:MASTER ROHAN SHAH
             S/O LATE HIMANGSHU SHAH @ HIMANSHU H SHAH
             R/O THANE P.O. and P.S. THANE
             MAHARASTRA
             DIST. THANE
             MAHARASTRA

            3:MS. GANGEHEN HANSRAJ SHAH
             NOT MENTIONED IN THE CLAIM PETITIO

Advocate for the Petitioner   : MR. K K BHATTA,

Advocate for the Respondent : MS P BARUAH,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

16.05.2025 Page No.# 2/3

1. Heard learned counsel Mr. K. K. Bhatta for the appellant, New India Assurance Company Limited, and learned counsel Ms. P. Baruah for the respondent Nos.1 and 2, i.e., Ms. Bela Shah and Sri Rohan Singh.

2. This appeal is preferred by the insurer challenging the judgment and order dated 11.08.2015, passed by learned Additional District Judge No. 3, Kamrup, (M) in connection with MAC Case No. 651/2008, which was originally registered as MAC No. 999/07.

3. The genesis of the case was that on 24.03.2006, Himangshu Shah, husband of respondent No. 1 was travelling from Dibrugarh to Guwahati in a Volvo Super Bus bearing registration No. AS01-U-5585. Suddenly at Nazirakhat near Engti Line Hotel on NH-37 under Khetri Police Station, the bus which was travelling with excessive speed in a rash and negligent manner met with an accident with a truck bearing registration No. AS01-C-7771. Himangshu Shah died as a result of the accident. The claimants then preferred a claim petition and vide the impugned judgment and order, the claimants were awarded compensation of Rs. 50,00,960/- only, inclusive of no fault liability with interest @ 6% p.a., from the date of filing of the claim petition till payment.

4. The Oriental Insurance Company Ltd as O.P. No. 5 and New India Assurance Company Ltd were directed to pay an award in the ratio of 50:50 within one month from the date of the order i.e., 11.08.2015.

5. Aggrieved by the order, New India Assurance Company Ltd has preferred this appeal, whereas, the Oriental Insurance Company Limited preferred MAC Appeal No. 21/2016, which has been disposed of by a Co-ordinate Bench of this Court vide order dated 21.05.2019. The award was reduced from Rs.

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50,00,960/- to Rs. 19,24,840/- and both the insurers i.e., the Oriental Insurance Company Limited and the New India Assurance Limited were directed to pay 50% of Rs. 19,24,840/-.

6. It is submitted that the present appeal is a covered case relating to MAC Appeal No. 21/2016. Thereby, the present appellant is directed to pay the remaining 50% of Rs. 19,24,840/- along with 6% interest from the date of filing of the claim petition to the claimants/respondent Nos. 1 & 2.

7. The appellant is allowed to withdraw statutory fee of Rs. 25,000/- deposited at the time of filing of the appeal after adjustment of the amount to be paid to the claimants within one month from the date of this order.

8. In terms of the above observation, this application stands disposed of.

JUDGE

Comparing Assistant