Disposed

The United India Insurance Co. Ltd. v. Mr. Yimkochung Phom and 10 Ors.

Gauhati HC1 May 2023I.A.(Civil)/126/2021

Case brief

AI extract

What is this about?

High Court stayed the operation of the Motor Accident Claims Tribunal order awarding Rs. 41,16,000 compensation for death, subject to deposit of 50% of the amount within six weeks by the insurer, while a connected appeal under Section 173 of the Motor Vehicle Act, 1988 is pending.

What did the court decide?

Stay of the impugned judgment and award dated 23.01.2020 until disposal of connected appeal, subject to deposit of 50 of the awarded amount within six weeks by the applicant-insurer.

The United India Insurance Co. Ltd. Vs Mr… — Execution and Attachment | Gauhati HC (2023)

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Page No.# 1/3

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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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Case No. : I.A.(Civil)/126/2021

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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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MR. YIMKOCHUNG PHOM AND 10 ORS

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S/O LATE MONGPOLI PHOM, R/O ALAYONG VILLAGE, BPO YACHEM, P.O/P.S LONGLENG, LONGLENG, NAGALAND 2:MRS TACHIKALA PHOM

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3:MS. LIPOKNUNGLA PHOM

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4:MS. MEDENCHILA PHOM

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5:MS. CHIVANGCHUNGLA PHOM

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6:MR. TOSALUNGLI PHOM

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7:MR. IMLIPOKBA PHOM

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8:MS. KHAMOKCHILA PHOM

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Page No.# 2/3

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9:MS. ACHUNG PHOM

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10:SHRI. S. SATBIR SINGH

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11:SHRI. MAHADEV RA

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Advocate for the Petitioner : TAYONGCHUBA

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Advocate for the Respondent :

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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/suspesion 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. 30/2014.

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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. 15/2021. By the judgment and order dated 23.01.2020, the learned Tribunal has awarded an amount of Rs. 41,16,000/- as compensation for the death of one Yimkochung Phom.

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Learned counsel for the applicant-appellant has submitted that the deceased was a bachelor and he was projected as a self-employed businessman

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Page No.# 3/3 dealing in cloths. Neither any income certificate nor any supporting documents was brought on record to support the claim that the deceased had an average income of Rs. 30,000/- per month. It is submitted that the learned Tribunal had erred in taking Rs. 20,000/- as the average monthly income of the deceased merely on the basis that the deceased had a Maruti Gypsy vehicle registered in his name. By contending so, the learned counsel for the applicant-appellant has submitted that the compensation amount is on the higher side.

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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. 15/2021, 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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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. Mr. Yimkochung Phom and 10 Ors.

Case brief

What is this about?

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The United India Insurance Co. Ltd. v. Mr. Yimkochung Phom and 10 Ors.

Case brief

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