Partly allowed

United India Insurance Co. Ltd. v. Mst Tara Banu and 6 Ors.

Gauhati HC1 Apr 2019I.A.(Civil)/746/2019

Case brief

AI extract

What is this about?

The Gauhati High Court admitted an appeal by United India Insurance Company Ltd. challenging compensation awarded for death. The Court issued notice to respondents and stayed the impugned judgment subject to the appellant depositing 25% of the awarded sum within 45 days.

What did the court decide?

Impugned judgment and award stayed subject to deposit of 25% within 45 days.

United India Insurance Co. Ltd. Vs Mst Tara Banu and 6 Ors. — Insurance | Gauhati HC (2019)

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Page No.# 1/5

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GAHC010003972017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp. 139/2019

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1:UNITED INDIA INSURANCE CO. LTD.

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HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, GUWAHATI, ASSAM.

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VERSUS

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1:MST TARA BANU and 6 ORS

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W/O HOMAN MIAH, R/O VILL. TELEPARA, P.O. and P.S. MANKACHAR, DIST. DHUBRI, ASSAM-783131

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2:MD.HOMAN MIAH R/O VILL. TELEPARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131

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3:GOPAL SAHA S/O SRI DAM SAHA R/O GOALPARA 2NO COLONY P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM 783101

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4:NURUL ALI S/O NUR ALI R/O VILL. KUCHNIMARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131

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5:NISHER AHMED S/O ROFIQUE R/O VILL. BILOSHPUR

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Page No.# 2/5

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MOHOJJOLA NAGAR KAMMRE P.O. and P.S. KAMRE UTTAR PRADESH 244921 6:ABDUL RASHID S/O ABDUL WAHID R/O VILL. DARJEECHOWK P.O. and P.S. SISGAR DIST. BORELI UTTAR PRADESH 243003 7:M/S NATIONAL INSURANCE CO. LTD. REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GUWAHATI G.S. ROAD BHANGAGARH GUWAHATI 781005 ASSAM

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Advocate for the Petitioner : MR. K K BHATTA

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Advocate for the Respondent : MR. S RAHMAN

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Linked Case : I.A.(Civil) 746/2019

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1:UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD GUWAHATI ASSAM.

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VERSUS 1:MST TARA BANU and 6 ORS W/O HOMAN MIAH R/O VILL. TELEPARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131 2:MD.HOMAN MIAH

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Page No.# 3/5

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R/O VILL. TELEPARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131

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3:GOPAL SAHA S/O SRI DAM SAHA R/O GOALPARA 2NO COLONY P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM 783101

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4:NURUL ALI S/O NUR ALI R/O VILL. KUCHNIMARA P.O. and P.S. MANKACHAR DIST. DHUBRI ASSAM-783131 5:NISHER AHMED S/O ROFIQUE R/O VILL. BILOSHPUR MOHOJJOLA NAGAR KAMMRE P.O. and P.S. KAMRE UTTAR PRADESH 244921

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6:ABDUL RASHID S/O ABDUL WAHID R/O VILL. DARJEECHOWK P.O. and P.S. SISGAR DIST. BORELI UTTAR PRADESH 243003 7:M/S NATIONAL INSURANCE CO. LTD. REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GUWAHATI G.S. ROAD BHANGAGARH GUWAHATI 781005 ASSAM.

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Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : MR. S RAHMAN

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Page No.# 4/5

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BEFORE

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HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 01-04-2019

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Heard Mr. K.K. Bhatta, the learned counsel for the appellant Insurance Company, who submits that the appellant is aggrieved by the Judgment dated 01.03.2017, passed by the MACT-1, Kamrup Guwahati against the common Judgment passed in MACT Case No. 1796/2011, 1797/2011, 191/2012, 192/2012, 201/2012 & 202/2012.

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The learned counsel for the appellant submits that one of the main grounds for the appeal is that the learned Tribunal has excessively awarded compensation under the conventional heads which is only against the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680. He further submits that even the choice of multiplier made by the Tribunal is on the higher side.

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In view of above, let the appeal be admitted. Call for the LCR.

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Issue notice to the respondents, returnable by 4 (four) weeks.

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Mr. S. Rahman, the learned counsel appears for the respondent Nos. 1 & 2. Mr. R. Goswami, the learned counsel appears for the respondent No. 7 and his name may be reflected in the cause list for the respondent No. 7 thereafter.

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Let steps be taken for service of notice upon the respondent Nos. 3, 4, 5 & 6 by registered post with A/D due within 3 (three) days.

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Having regard to the projection made by the learned counsel for the appellant, the impugned Judgment & Award shall remain stayed subject to deposit of 25% of the awarded sum by the appellant within 45 days from today.

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List the case again on receipt of the LCR.

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Page No.# 5/5

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After the Insurance Company makes the deposit, the claimant/respondent Nos. 1 & 2

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shall be allowed to withdraw the same after proper identification and as per due process.

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JUDGE

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Comparing Assistant

United India Insurance Co. Ltd. v. Mst Tara Banu and 6 Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Mst Tara Banu and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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