Gauhati High Court
Icici Lombard General Insurance Co. Ltd vs Smti Shikha Rani Nath And 5 Ors on 6 March, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010287942018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 1017/2018
1:ICICI LOMBARD GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051 AND ITS BRANCH
OFFICE AT MAYUR GARDEN, ABC BUS STOP, G.S. ROAD, GUWAHATI AND
REPRESENTED BY MANAGER LEGAL, BRANCH OFFICE AT GUWAHATI
VERSUS
1:SMTI SHIKHA RANI NATH and 5 ORS.
W/O LATE RANJIT KUMAR NATH
2:SRI DIPONKAR NATH
S/O LATE RANJIT KUMAR NATH
3:SMTI SAMPA NATH
D/O LATE RANJIT KUMAR NATH
4:SRI SUBHANKAR NATH
S/O LATE RANJIT KUMAR NATH
5:SRI GUNISHANKAR NATH
S/O LATE RANJIT KUMAR NATH
ALL ARE R/O VILL. BHANGARPAR PART II
P.O. BHANGARPAR
P.S. BORKHOLA
DIST CACHAR
ASSAM.
RESPONDENTS 4 AND 5 BEING MINORS ARE REPRESENTED BY THEIR
MOTHER RESPONDENT NO. 1
6:MRS. MANEKA DEVI JOSHI
W/O MR. KRISHNA PD. JOSHI
Page No.# 2/4
VILL. NEW TIMBUNG
P.O. AND P.S. UMRANGSO
DIST- N.C. HILLS/ DIMA HASAO
ASSAM. (OWNER OF VEHICLE No. AS-01/AC-8526(TATA DI)
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MS D KALITA
Linked Case : I.A.(Civil) 4400/2018
1:ICICI LOMBARD GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
TOWERS
BANDRA KURLA COMPLEX
MUMBAI 400051 AND ITS BRANCH OFFICE AT MAYUR GARDEN
ABC BUS STOP
G.S. ROAD
GUWAHATI AND REPRESENTED BY MANAGER LEGAL
BRANCH OFFICE AT GUWAHATI
VERSUS
1:SMTI SHIKHA RANI NATH and 5 ORS.
W/O LATE RANJIT KUMAR NATH
2:SRI DIPONKAR NATH
S/O LATE RANJIT KUMAR NATH
3:SMTI SAMPA NATH
D/O LATE RANJIT KUMAR NATH
4:SRI SUBHANKAR NATH
S/O LATE RANJIT KUMAR NATH
5:SRI GUNISHANKAR NATH
S/O LATE RANJIT KUMAR NATH
ALL ARE R/O VILL. BHANGARPAR PART II
P.O. BHANGARPAR
P.S. BORKHOLA
DIST CACHAR
ASSAM.
RESPONDENTS 4 AND 5 BEING MINORS ARE REPRESENTED BY THEIR
MOTHER RESPONDENT NO. 1
Page No.# 3/4
6:MRS. MANEKA DEVI JOSHI
W/O MR. KRISHNA PD. JOSHI
VILL. NEW TIMBUNG
P.O. AND P.S. UMRANGSO
DIST- N.C. HILLS/ DIMA HASAO
ASSAM. (OWNER OF VEHICLE No. AS-01/AC-8526(TATA DI))
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MS D KALITA
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06-03-2019 Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for the respondent Nos. 1 to 5.
This is an application as preferred by the applicant praying for stay of the operation of impugned judgment and award dated 16.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Cachar in MAC Case No. 1956/2010 whereby and whereunder, the Motor Accident Claims Tribunal has awarded an amount of Rs. 14,07,441/- as compensation to the respondent Nos. 1 to 5-claimants, for the death of the deceased, Ranjit Kumar Nath, who was the husband of the first claimant and the father of the other claimants.
Mr. Goswami, learned counsel for the applicant has submitted that the death of the deceased was caused when the vehicle bearing registration No. AS-01/AC-8526 (Tata DI) was fired upon by the extremists indiscriminately. At that time, the said vehicle proceeding as an escort vehicle from NEEPCO Complex to NEEPCO Kopili Power House and the deceased being a police personnel, was inside the said vehicle in the course of his duty. It is the contention of Mr. Goswami, learned counsel that the death of deceased was not caused arising out of the use of vehicle. The incident had happened on 11.02.2008 that is more than a decade.
Page No.# 4/4 Mr. Talukdar, learned counsel for the opposite party Nos. 1 to 5 has submitted, by referring to the decision in the case of Rita Devi and Ors., -Vs- New India Assurance Company Limited and Anr., reported in 2002 (2) GLT (SC) 1 that the death of the deceased would come within the fold of arising out of the use of the motor vehicle and accordingly, the claimants are entitled for compensation since the Motor Vehicles Act is a beneficial legislation.
I have considered the submission made by the parties and also considered the decision of the Hon'ble Supreme Court mentioned above.
In the above facts and circumstances, I am of the opinion that the operation of the judgment and award dated 16.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Cachar in MAC Case No. 1956/2010 shall remain stayed, subject to deposit of 50% of the awarded amount by the applicant-appellant before the Registry of this Court within 45 days from today. On such deposit being made, the opposite party Nos. 1 to 5 shall be allowed to receive that amount and the same shall be received by the opposite party No. 1 on her proper identification by the learned counsel. Out of the said amount, so released, an amount of Rs. 1 lakh each shall be deposited in the name of opposite party Nos. 1 to 4 in the form of fixed deposits for a duration of 5(five) years and the applicants shall submit the requisite documents within a period of 2(two) months of such release.
This I.A. is, accordingly, disposed of.
JUDGE Comparing Assistant