In an application to stay an impugned judgment and award concerning insurance liability, the High Court inclined to grant stay contingent upon deposit of Rs. 25,00,000/- by the applicant.
Stay of operation of impugned judgment and award granted subject to deposit of Rs. 25,00,000/- within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010088552018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1933/2018 In MACApp. 493/2018
1:UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI - 600014 AND REGIONAL OFFICE AT ABC BHANGAGARH GUWAHATI - 781005 ASSAM REPRESENTED BY ITS REGIONAL MANAGER
VERSUS
1:LALBHANU NESSA AND 8 ORS WIFE OF ABDUR RAHMAN
2:ABDUR RAHMAN S/O LATE HABIBAR RAHMAN
3:SHOHIDA KHATUN W/O LATE SHIRAJUL ISLAM
4:SAMIUL ISLAM S/O LATE SHIRAJUL ISLAM
5:SHIRINA ISLAM D/O LATE SHIRAJUL ISLAM
6:SHORIFUL ISLAM S/O LATE SHIRAJUL ISLAM ALL ARE RESIDENT OF VILLAGE NANGALBHANGA P.O. JOYPUR P.S. AMGURI DISTRICT - CHIRANG
Page No.# 2/3
BTAD (ASSAM) - 783315. (CLAIMANT NO. 3 AND 4 BEING MINOR GRAND SON AND DAUGHTER OF CLAIMANT NO. 1 AND 2 ARE REPRESENTED BY THEIR GRANDFATHER CLAIMANT NO. 2 BEING THEIR NATURAL GUARDIAN. 7:THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. BONGAIGAON DIVISION BONGAIGAON (ASSAM) 783380. (INSURER OF THE VEHICLE NO. AS-26/A0936 (M/CYCLE). 8:M/S TOWN STORES PARTNER - SOURENDRA BHUSAN ROY GTB ROAD WARD NO. 16 P.O. P.S. AND DIST. DHUBRI (ASSAM) 783381. (OWNER OF THE VEHICLE NO. AS-17/B-3117 OIL TANKER) 9:ANURADHA SINGH S/O RAM DEO SINGH R/O VILLAGE AND P.O. - UDALGURI DIST. MANGALDOI (ASSAM) AND T/A OF VILLAGE AND P.O. DHALIGAON DIST. CHIRANG BTAD (ASSAM). (DRIVER OF THE VEHICLE NO. AS-17/B-3117 OIL TANKER). R/O VILLAGE DAKHALA BANIAPARA P.S. - PALASHBARI 781121 DIST. KAMRUP ASSAM. (OWNER OF THE VEHICLE BEARING NO. AS-01/DC-7135). Advocate for the Petitioner : MR S DUTTA Advocate for the Respondent :
BEFORE
HON'BLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 06-06-2018
Heard Mr. S. Dutta, learned senior counsel assisted by Ms. M. Choudhury, learned counsel appearing for the applicant.
This is an application for stay of the judgment and award impugned in the connected
Page No.# 3/3
appeal.
The learned counsel appearing for the applicant submits that although the opposite party No. 1 had submitted salary certificate (Ext. 9) but there is no endorsement by the Inspector of School as required. It is further submitted that as per the award, interest was also allowed on future prospects which is not permitted.
In view of above, as the connected appeal is admitted for hearing, this Court is inclined to stay the operation of the impugned judgment and award dated 30.01.2018 passed by the learned Member, MACT, Bongaigaon in MAC Case No. 64/2015, subject to condition that the applicant shall deposit a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakh) before the Registry of this Court within a period of 6 (six) weeks from today.
It is made clear that if such deposit is not made within the time allowed, this order shall not be a bar for enforcement of the award.
This IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the application for stay of the award and judgment in the connected appeal be allowed.
UNITED INDIA INSURANCE CO. LTD
LALBHANU NESSA
ABDUR RAHMAN
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
