The Managing Director, v. Hema Prova Chutia and Anr

ORDER

21.05.2024

¶1Heard Mr. D. Das, learned counsel for the applicant. Also heard Mr. D. Mondol, learned counsel for the respondents.

¶2This application is filed praying for reconsideration/modification/recall/alteration of the order dated 18.08.2022 passed by this Court in MAC Appeal No. 126/2014 along with other connected matters wherein specific direction was issued to the present applicant/appellant to deposit 50% of the decreetal amount passed in MAC Case No. 1663/2022, MAC Case No. 1664/2011 and MAC Case No. 1665/2011 by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M) at Page No.# 3/4 Guwahati before the Registry of this Court.

¶3The applicant is the respondent in MACApp./126/2014. The connected appeals are preferred challenging the judgment and award dated 20.12.2013 passed in MAC Case No. 1663/2022, MAC Case No. 1664/2011 and MAC Case No. 1665/2011.

¶4The accident took place on 05.07.2011, wherein the present respondent lost her son, daughter-in-law and grand-daughter. The appeals were filed on

10.04.2014.

¶5Though notices were issued on 30.04.2014, the appeals were admitted only on

09.05.2022, after condonation of delay.

¶6Though applications for stay of the connected appeals were preferred, neither those were pressed nor any orders have been passed in those applications.

¶7Considering that the appeals were preferred primarily on the ground of contributory negligence on the part of the deceased son of the appellant, this Court under its order dated 18.08.2022 directed deposit of 50% of the awarded amount passed in MAC Case No. 1663/2022, MAC Case No. 1664/2011 and MAC Case No. 1665/2011, before the Registry of this Court within a period of four weeks. The present application is filed praying for modification of the aforesaid order.

¶8The grounds urged by the learned counsel for the applicant is that only 25,000/- is required to be deposited in terms of the Motor Vehicles Act, 1988, and therefore, such order of direction of 50% deposit should be recalled. The other ground is that the applicant/ Corporation, is going through financial problems and therefore, they are not in a position to deposit such amount.

¶9This Court has given anxious consideration to the submissions advanced by the Page No.# 4/4 learned counsel for the parties. Also perused the material available on record.

¶10Section 169 (4) of the M.V. Act, 1988, empowers the enforcement of its award by the claim Tribunal having all power of Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as decree for the payment of money, passed by such court. At the same time Order 41 Sub-Rule 3 of Code of Civil Procedure, 1908, provides that when the appeal is against the decree for payment of money, the appellant needs to deposit the amount disputed in the appeal or to furnish such security in respect thereof. This Court is the considered opinion that an award passed in claim case is akin to a decree for payment of money.

¶11In view of the aforesaid, the first contention raised by the learned counsel stands rejected. The second ground is not a sustainable ground inasmuch as financial distress cannot be a ground not to pay the compensation or part thereof, that too in a case, where a direction has been issued by a competent court.

¶12Accordingly, the present application stands dismissed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010070422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1142/2024 THE MANAGING DIRECTOR, ASSAM STATE TRANSPORT CORPORATION LTD. PALTANBAZAR, P.S. PALTANBAZAR, GUWAHATI, DIST. KAMRUP, ASSAM. VERSUS HEMA PROVA CHUTIA and ANR. W/O LATE GUNA KANTA CHUTIA, R/O TIPLING NALONI PATHAR, P.S. DULIAJAN, DIST. DIBRUGARH 2:MD. SHAH ALAM AHMED S/O LATE ALLAUDDIN AHMED R/O WARD NO. 7 NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM Advocate for the Petitioner : MR. C CHAKRAVARTY Advocate for the Respondent : MR D MONDAL Linked Case : MACApp./126/2014 THE MANAGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION LTD. PALTANBAZAR P.S. PALTANBAZAR Page No.# 2/4 GUWAHATI DIST. KAMRUP ASSAM. VERSUS HEMA PROVA CHUTIA and ANR. W/O LATE GUNA KANTA CHUTIA R/O TIPLING NALONI PATHAR P.S. DULIAJAN DIST. DIBRUGARH 2:MD. SHAH ALAM AHMED S/O LATE ALLAUDDIN AHMED R/O WARD NO. 7 NORTH LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM. ------------ Advocate for : MS.B SHARMA Advocate for : MR D MONDAL (R1) appearing for HEMA PROVA CHUTIA and ANR. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY