United India Insurance Co. Ltd vs Aynul Haque Barbhuyan And 10 Ors. H
2025 Latest Caselaw 6879 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Aynul Haque Barbhuyan And 10 Ors. H on 1 September, 2025

                                                                     Page No.# 1/3

GAHC010021632023




                                                              undefined

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

                         Case No. : I.A.(Civil)/2815/2025



         UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED HEAD OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         GUWAHATI- 781005


          VERSUS

         AYNUL HAQUE BARBHUYAN AND 10 ORS. H
         S/O LATE MUFASSIL ALI BARBHUYAN
         VILL.- BARNAGAD
         P.O.- KALIBARI BAZAR
         DIST.- HAILAKANDI
         ASSAM
         PIN- 788150.


         ------------
         Advocate for : MR. K K BHATTA
         Advocate for : appearing for AYNUL HAQUE BARBHUYAN AND 10 ORS. H
                                                                       Page No.# 2/3



                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

01.09.2025

Heard learned counsel Mr. K. K. Bhatta for the applicant/appellant who has preferred an application against the judgment and award dated 18.07.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 16/2014.

2. Heard learned counsel Mr. M. Talukdar for the claimants/ respondent nos. 1, 2, 3 and 4 of the original MAC Case No. 16/2014.

3. I have considered the submissions at the Bar.

4. The appellant is aggrieved by the judgment and award as 3 (three) vehicles were involved in the accident and it is submitted that although liability has been cast upon the appellant to pay the compensation to the claimants, yet in an analogous case arising out of the same cause of action, no liability was cast upon the applicant.

5. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the operation of the impugned judgment and award dated 18.07.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 16/2014 is stayed until further orders subject to the condition that the applicant deposits 50% of the compensation amount before the Registry of this Court within 4 (four) weeks from the date of this order.

6. Learned counsel for the claimants has submitted that the claimant nos. 1 and 2 are old and ailing persons and has submitted for withdrawal of the amount of compensation to be deposited by the insurer.

7. Considering the submissions at the Bar, claimants are allowed to withdraw Page No.# 3/3

the 50% of the compensation on their execution of a bond for verification by the Registry of this Court.

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

JUDGE

Comparing Assistant