National Inurance Company Limited v. Arati Dutta and 4 Ors

ORDER Date : 27.3.2023

Heard Mr. T. Kalita, learned counsel for the appellant. Also present Mr. P. Hazarika, learned counsel for the respondent Nos1 and 5. This is an appeal under Order 41 Rue 5 of the CPC praying for stay of operation of the impugned Judgment and Order dated 30.5.2022 passed by the learned Member, MACT, Lakhimpur at North Lakhimpur in MAC Case No. 46/2017. The connected appeal has already been admitted. Mr. Kalita, learned counsel submitted that the appellant has a very good case for stay inasmuch as without there being any evidence, the learned trial court below came to a conclusion that two vehicles contributed to the accident. Accordingly, the appellant was also fastened with the liability. It is the contention of Mr. Kalita, learned counsel that it was not a case of the claimant that the vehicle insured with the present appellant was negligent or contributed to the accident. However learned Tribunal below without there being any evidence available on record held that the vehicle insured with the present appellant contributed to the accident, only on the ground that the accident was a head on collision. Considered the submission , perused the impugned judgment.

Page No.# 5/5 As the appeal has already been admitted, the impugned Judgment and award dated 30.5.2022 passed by the learned Member, MACT, Lakhimpur at North Lakhimpur in MAC Case No. 46/2017 shall remain suspended subject to deposit of 50% of the awarded amount before the Registry of this court within a period of two weeks. It is made clear that in the event, Court holds that there is no contributory negligence on the part of the vehicle insured with the present appellant, the respondent No.4 the insurer of other vehicle may be liable to refund the amount to the appellant, subject to final outcome of the appeal. The claimant may withdraw the amount from the Registry of this court by filing an application before it and on such application being filed the Registry may allow to withdraw such amount as per extant norms. IA stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010196852022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./60/2023o NATIONALoINURANCEoCOMPANYoLIMITED.o HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3,oMIDDLETONo STREET,oKOLKATAoANDoITSoREGIONALoOFFICEoAToBHANGAGARH,oG.S.o ROAD,oGUWAHATI-o781005oREPRESENTEDoBYoTHEoCHIEFoREGIONALo MANAGER,oGUWAHATIoREGIONALoOFFICE VERSUSo ARATIoDUTTAoANDo4oORSo W/OoLATEoMOHANoDUTTA,oVILL.-oDULIAPATHAR,oP.O.-oDULIAPATHAR,o P.S.-oNARAYANPUR,oDIST.-oLAKHIMPUR,oASSAM,oPIN-o787052 2:MD.oABDULoSALAM oS/OoLATEoTAMIJUDDIN o VILL.-oKAYAMORA o P.O.-oBIHPURIA o P.S.-oBIHPURIA o DIST.-oLAKHIMPUR oASSAM oPIN-o784161. 3:MD.oMAZIBURoRAHMAN oS/OoLATEoABDULoZABBAR o VILL.-oKAYAMORA o P.O.-oBIHPURIA o P.S.-oBIHPURIA o Page No.# 2/5 DIST.- LAKHIMPUR ASSAM PIN- 784161. 4:THE NEW INDIA ASSURANCE COMPANY LIMITED NORTH LAKHIMPUR BRANCH THAKUR SHIVRAM MARKET A.T. ROAD NORTH LAKHIMPUR ASSAM PIN- 787001. 5:PALASH DUTTA S/O LATE MOHAN DUTTA VILL.- DULIAPATHAR P.O.- DULIAPATHAR P.S.- NARAYANPUR DIST.- LAKHIMPUR ASSAM PIN- 787052 Advocate for the Petitioner : MR T KALITA Advocate for the Respondent : MR. P HAZARIKA (r-1,5) Linked Case : I.A.(Civil)/566/2023 NATIONAL INURANCE COMPANY LIMITED. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE VERSUS ARATI DUTTA AND 4 ORS W/O LATE MOHAN DUTTA VILL.- DULIAPATHAR P.O.- DULIAPATHAR PageoNo.#o3/5 oP.S.-oNARAYANPUR oDIST.-oLAKHIMPUR oASSAM oPIN-o787052 2:MD.oABDULoSALAM S/OoLATEoTAMIJUDDIN o VILL.-oKAYAMORA o P.O.-oBIHPURIA o P.S.-oBIHPURIA o DIST.-oLAKHIMPUR oASSAM oPIN-o784161. o3:MD.oMAZIBURoRAHMAN S/OoLATEoABDULoZABBAR o VILL.-oKAYAMORA o P.O.-oBIHPURIA o P.S.-oBIHPURIA o DIST.-oLAKHIMPUR oASSAM oPIN-o784161. o4:THEoNEWoINDIAoASSURANCEoCOMPANYoLIMITED oNORTHoLAKHIMPURoBRANCH THAKURoSHIVRAMoMARKET oA.T.oROAD oNORTHoLAKHIMPUR oASSAM oPIN-o787001. o5:PALASHoDUTTA S/OoLATEoMOHANoDUTTA o VILL.-oDULIAPATHAR o P.O.-oDULIAPATHAR o P.S.-oNARAYANPUR o DIST.-oLAKHIMPUR oASSAM oPIN-o787052. Page No.# 4/5 ------------ Advocate for : MR T KALITA Advocate for : MR. P HAZARIKA (r-1 5) appearing for ARATI DUTTA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY