Tripura High Court

Unknown vs High Court Of Tripura on 7 July, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                            HIGH COURT OF TRIPURA
                                    AGARTALA
                  IA No. 02 of 2025 in MAC. App. No. 65 of 2025.
       For Applicant(s)                           : Mr. K. De, Advocate.
       For Respondent(s)                          : None.

                 HON'BLE MR. JUSTICE DR. T. AMARNATH GOUD

                                                  ORDER

07.07.2025

Heard Mr. K. De, learned counsel appearing for the applicant.

This application has been filed under Order XLI, Rule 5 of CPC to stay

the Judgment and Award dated 10.10.2023 passed by the Motor Accident Claims

Tribunal No.02, Gomati Judicial District till disposal of the connected appeal.

It is seen from the record that by an order dated 21.12.2020, the name

of Shri Ram General Insurance Company Ltd. as respondent No.5 has been stricken

off.

However, in the operative portion of the award dated 10.10.2023

wherein para "15" which reads as under :-

"15. In the result, it is hereby ordered that the claimant-petitioners are entitled to get compensation of ₹22,12,000/- (Rupees twenty two lacs twelve thousand) only. The OP No.3 i.e. United India Insurance Company Ltd., the insurer of the offending vehicle bearing Registration No. TR-05B-1822 (TATA Tipper Truck) and OP No.5 i.e. Shriram General Insurance Company Ltd., the insurer of the offending vehicle bearing Registration No. TR-NL-01K-7549 (TATA LPT Truck) are directed to make the payment of compensation jointly & in equal manner to the claimant- petitioners within 30 (thirty) days from today along with interest thereon @ 6% per annum from the date of filing of claim petition, i.e., from 10.02.2020 till payment/realization of the same."

It is seen from the above quoted para 15 of the award dated

10.10.2023, Shriram General Insurance Company Ltd. was directed to make the

payment of compensation jointly. But as per order dated 21.12.2020, since, Shri

Ram General Insurance Company Ltd., is not a party al-through, thus, there cannot

be any direction against Shriram General Insurance Company Ltd. There is also no

reason in the award dated 10.10.2023 as to why Shri Ram General Insurance

Company Ltd. arraying as respondent No.5 has been directed to make the payment

of compensation .

In view of the same, there shall be a direction to stay all the

proceedings insofar as Shri Ram General Insurance Company Ltd. is concerned till

disposal of the connected appeal.

Accordingly, the instant I.A. stands disposed of.