Gauhati High Court
New India Assurance Company Ltd vs Kabita Thapa And 2 Ors on 26 March, 2019
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010050662018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 289/2018
1:NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
OFFICE AT G.S. ROAD, ABC, GUWAHATI AND ONE OF ITS BRANCH OFFICE
AT NALBARI
VERSUS
1:KABITA THAPA AND 2 ORS
W/O LATE TEZ BAHADUR THAPA, PERMANENT R/O VILLAGE GARMARA,
PO CHARIDUAR, PS CHARIDUAR, DIST. SONITPUR, ASSAM
2:LOISE JEBISOW
D/O P.K. JEBISOW
R/O LOWER BHALUKPONG
PO BHALUKPONG
PIN-790114
DIST. WST KAMENG
ARUNACHAL PRADESH
OWNER OF VEHICLE NO. AR-01-F/5370 (MAHINDRA XILO
LMV)
3:TONKEY JEBISOW
S/O LATE KHARU JEBISOW
R/O VILLAGE BHALUKPONG
PO AND PS BHALUKPONG
PIN-79011
Advocate for the Petitioner : MR. K K BHATRA
Advocate for the Respondent : MR D MONDAL(R2 AND 3)
Page No.# 2/4
Linked Case : I.A.(Civil) 1333/2018
1:NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
87
MAHATMA GANDHI ROAD
MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
ABC
GUWAHATI AND ONE OF ITS BRANCH AT NALBARI
VERSUS
1:KABITA THAPA AND 2 ORS
W/O LATE TEZ BAHADUR THAPA
PERMANENT R/O VILLAGE GARMARA
PO CHARIDUAR
PS CHARIDUAR
DIST. SONITPUR
ASSAM
2:LOUISE JEBISOW
D/O P.K. JEBISOW
R/O LOWER BHALUKPONG
PO BHALUKPONG
PIN-790114
DIST. WST KAMENG
ARUNACHAL PRADESH
OWNER OF VEHICLE NO. AR-01-F/5370 (MAHINDRA XYLO
LMV)
3:TONKEY JEBISOW
S/O LATE KHARU JEBISOW
R/O VILLAGE BHALUKPONG
PO AND PS BHALUKPONG
PIN-790114
DIST. WST KAMENG
ARUNACHAL PRADESH
DRIVER OF VEHICLE NO. AR-01-F/5370 (MAHINDRA XYLO
LMV)
Advocate for the Petitioner : MR. K K BHATRA
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 26-03-2019 This is an application praying for stay of the operation of the impugned Judgment and award dated 01.11.2017 passed by the learned Member, MACT in MAC Case No. 332/2014 by a which a sum of Rs. 9,45,160/- has been awarded to the claimant.
Shri R. K. Bhatra, learned counsel submits that there are good grounds of appeal which is likely to succeed, therefore, prays for stay of the impugned judgment and award.
Perused the award, the interlocutory application and also the grounds taken in the appeal.
After hearing the learned counsel, the impugned Judgment and award dated 01.11.2017 passed by the learned Member, MACT in MAC Case No. 332/2014 is hereby stayed subject to the condition of deposit of 50% of the awarded amount before the Registry of this Court.
At this stage, the learned counsel Shri Bhatra submits that the appellant is willing to deposit the entire awarded amount before the Registry of the Court. However, he submits that till the disposal of the appeal no order of release may be passed by this Court.
The aforesaid submission is considered but however, rejected taking into account that the present is a death case and the award is challenged only on the ground of violation of certain policy conditions connected to holding of necessary Permit by the offending vehicle. The accident is of the year 2014 and the widow and children of the deceased are the claimant.
In view of the same, the appellant may deposit the entire awarded amount. It is however made clear that 50% of the awarded amount would be released to the claimant upon proper identification and on submission of necessary bond. The amount which is directed to be deposited shall be done within a period of 45(forty-five) days from today.
The interlocutory application stands disposed of.
JUDGE Page No.# 4/4 Comparing Assistant