Disposed

The United India Insurance Co.Ltd v. Smti. Chubanungla and 7 Ors.

Gauhati HC1 May 2023I.A.(Civil)/124/2021

Case brief

AI extract

What is this about?

The Gauhati High Court stayed the operation of the Motor Accident Claims Tribunal's judgment awarding compensation for death in a motor accident, pending disposal of a connected appeal under Section 173 of the Motor Vehicle Act, 1988, subject to partial security.

What did the court decide?

Stay of the impugned judgment and award dated 23.01.2020, conditional on deposit of 50% of the awarded amount within six weeks pending appeal disposal.

The United India Insurance Co.Ltd Vs Smti. Chubanungla and 7 Ors. — Insurance | Gauhati HC (2023)

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Page No.# 1/4

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GAHC020006982021

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

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I.A.(Civil)/124/2021

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THE UNITED INDIA INSURANCE CO.LTD REPRESENTED BY ITS BRANCH MANAGER DIMAPUR NAGALAND

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VERSUS

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SMTI. CHUBANUNGLA AND 7 ORS W/O LATE IMTILEPDEN PHOM R/O YAONGYIMCHEN VILLAGE P.O/P.S - LONGLENG LONGLENG NAGALAND

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2:MS. TEMJENTOLA PHOM

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R/O YAONGYIMCHEN VILLAGE P.O/P.S LONGLENG LONGLENG NAGALAND

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3:MS. SENTIPENLA PHOM

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R/O YAONGYIMCHEN VILLAGE P.O/P.S LONGLENG LONGLENG NAGALAND

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4:MS. RONGSENLA PHOM

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R/O YAONGYIMCHEN VILLAGE P.O/P.S LONGLENG LONGLENG

Page No.# 2/4

NAGALAND

5:MS. MOATEMSU PHOM

R/O YAONGYIMCHEN VILLAGE P.O/P.S LONGLENG LONGLENG NAGALAND

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6:MR. DENNGOI PHOM

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R/O YAONGYIMCHEN VILLAGE P.O/P.S LONGLENG LONGLENG NAGALAND

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7:SHRI. S. SATBIR SINGH

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S/O S. JAGIR SINGH

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OWNER OF M.V. BEARING RE-ASSIGNED REGISTRATION NO.AS-05/B6537(PSV BUS). ORIGINAL REGISTRATION NO. NL.-04/B/0550 BENGANAKHOWA GOLAGHAT ASSAM

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8:SHRI. MAHADEV RAI

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S/O LATE DORGA RAI

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DRIVER OF M.V. BEARING REGISTRATION NO.NL-04/B/0550(PSV BUS) DIMAPUR NAGALAND C/O SHRI. S.SATBIR SINGH S/O S. JAGIR SINGH

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OWNER OF M.V. BEARING RE-ASSIGNED REGISTRATION NO. AS-05/B6537(PSV BUS). ORIGINAL REGISTRATION NO.NL.04/B/0550 BENGANAKHOWA GOLAGHAT ASSAM -----------Advocate for : TAYONGCHUBA Advocate for : appearing for SMTI. CHUBANUNGLA AND 7 ORS

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Page No.# 3/4

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BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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01.05.2023

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Heard Mr. Tayongchuba, learned counsel for the applicant-appellant.

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The instant interlocutory application has been preferred seeking stay of the operation of the impugned judgment and order dated 23.01.2020 passed by the learned Motor Accident Claims Tribunal, Dimapur, Nagaland [‘the Tribunal’, for short] in MAC Case no. 29/2014.

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The applicant as the appellant has preferred the connected appeal under Section 173 of Motor Vehicle Act, 1988 against the impugned judgment and order dated 23.01.2020, which has been registered and numbered as MAC Appeal no. 14/2021. By the judgment and order dated 23.01.2020, the learned Tribunal has awarded an amount of Rs. 34,03,400/- as compensation for the death of one I. Nungsangkaba Phom.

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The learned counsel for the appellant has submitted that the deceased died in an accident where two vehicles were involved. The learned Tribunal did not consider the aspect of composite liability and saddled the bus bearing registration no. AS-05/B-6537 with the entire liability. It is his submission that the Police Report in Form 54 was not brought on record before the learned Tribunal and many other material aspects were ignored by the learned Tribunal while settling the entire liability on the applicant-appellant Insurance Company i.e. the insurer of the bus.

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Having considered the submissions of the learned counsel for the applicant-appellant and the materials on record, the operation of the impugned judgment and award dated 23.01.2020 is stayed till disposal of the connected appeal, MAC Appeal no. 14/2021, subject to deposit of 50% of the awarded amount within a period of 6 [six] weeks by the applicant-insurer from today.

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Page No.# 4/4

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The interlocutory application stands disposed of in the aforesaid terms.

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Sd/-

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JUDGE

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Comparing Assistant

The United India Insurance Co.Ltd v. Smti. Chubanungla and 7 Ors.

Case brief

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The United India Insurance Co.Ltd v. Smti. Chubanungla and 7 Ors.

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