Gauhati High Court
The Oriental Insurance Co. Ltd vs Sri Khanindra Mohan Goswami And 2 Ors on 16 May, 2019
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010054922019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 281/2019
1:THE ORIENTAL INSURANCE CO. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST.- KAMRUP, ASSAM.
VERSUS
1:SRI KHANINDRA MOHAN GOSWAMI AND 2 ORS
S/O- BONGSHI MOHAN GOSWAMI, R/O- VILL.- GANESHPARA, P.S. FATASIL
AMBARI, DIST.- KAMRUP, GUWAHATI-25, ASSAM.
2:SARDAR SUKHDEO SINGH
S/O- LATE SANTOSH SINGH
R/O- P.O. KADAMANI
DIBRUGARH
ASSAM
PIN- 786003.
3:SRI NARAYAN RAI
S/O- DHARMESHWAR RAI
R/O- VILL.- CHITTARANJANPUR
P.S. PESA
DIST.- MUJAFARPUR AND PRESENT ADDRESS- MARWARI PATTI
CHARIALI
DIBRUGARH
ASSAM
PIN- 786003
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent :
Page No.# 2/3 Linked Case : I.A.(Civil) 1650/2019 1:THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REP. BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7 DIST.- KAMRUP ASSAM.
VERSUS 1:SRI KHANINDRA MOHAN GOSWAMI AND 2 ORS. S/O- BONGSHI MOHAN GOSWAMI R/O- VILL.- GANESHPARA P.S. FATASIL AMBARI DIST.- KAMRUP GUWAHATI-25 ASSAM.
2:SARDAR SUKHDEO SINGH S/O- LATE SANTOSH SINGH R/O- P.O. KADAMANI DIBRUGARH ASSAM PIN- 786003.
3:SRI NARAYAN RAI S/O- DHARMESHWAR RAI R/O- VILL.- CHITTARANJANPUR P.S. PESA DIST.- MUJAFARPUR AND PRESENT ADDRESS- MARWARI PATTI CHARIALI DIBRUGARH ASSAM PIN- 786003.
Advocate for the Petitioner : MR. S K GOSWAMI Advocate for the Respondent :
Page No.# 3/3 BEFORE HON'BLE MR. JUSTICE NELSON SAILO 16.05.2019 Heard Mr. S.K. Goswami, the learned counsel for the appellant who submits that being aggrieved with the judgment dated 05.01.2019 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 1803/2011, the appellant has filed the present appeal. He submits that by the impugned judgment, the Tribunal has awarded a sum of Rs. 50,000/- for property damage to be paid by the appellant insurance company.
The learned counsel submits that the main ground for appeal amongst others is that the vehicle involved in the accident i.e., the truck bearing registration No. AS-23/G-1770, which was said to be in the seizure list is not insured with the appellant insurance company and therefore, the liability to compensation could not have been fastened to the appellant. He also submits that as per section 147(2)(b) of the Motor Vehicles Act, 1988, the maximum amount of compensation that can be awarded for damage to any property of a 3 rd party is limited to 6,000/-. However, the Tribunal has awarded a sum of Rs. 50,000/-.
In view of above, let the appeal be admitted. Call for the LCR.
Issue notice to the respondents returnable by 6 (six) weeks.
The appellant to take steps for service of notice upon the respondents by registered post with A/D due as well as by usual process within 3 (three) days.
Having regard to the projection made by the appellant, it is hereby provided that till the next returnable date, the impugned judgment and award shall remain stayed. Since, the interim order is passed without hearing the other side, the respondents are at liberty to approach this Court for modification/alteration/vacation of the interim order.
List this matter again after 6 (six) weeks.
JUDGE Comparing Assistant