UNITED INDIA INSURANCE COMPANY LTD v. ANYAI WANGSU AND ORS
I.A.(Civil)/2885/2025 · 2025-09-02
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17820 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17820 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010041972025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./329/2025 UNITED INDIA INSURANCE COMPANY LIMITED REP BY THE REGIONAL MANAGER, GUWAHATI, ASSAM VERSUS SMT ANYAI WANGSU RESIDENT OF VILLAGE LONGHUA GAON, PS KANUBARI DIST LONDING, ARUNACHAL PRADESH, 792131 2:SRI KULESWAR SONOWAL S/O LATE C.C SONOWAL RESIDENT OF JOKAI HARAK PATHER TINIALI PS BORBARUAH DIST DIBRUGARH ASSAM 786003 3:THE ORIENTAL INSURANCE COMPANY LIMITED REPRESENTED BY THE REGIONAL MANAGER 3RD FLOOR ULUBARI GODREJ BUILDING DIST KAMRUP M ASSAM 781007 4:SRI RUPAM BORGOHAIN S/O SRI BIREN BORGOHAIN RESIDENT OF VILLAGE TAIRAI CHATIONAGURI PO CHATIONAGURI
Page No.# 2/4 DIST TINSUKIA ASAM 78569 Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI Advocate for the Respondent : MR. S K GOSWAMI (R-3), MR. A R AGARWALA,MS P SARMA(R-3) Linked Case : I.A.(Civil)/2885/2025 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S ROAD NEAR DISPUR POST OFFICE GUWAHATI KAMRUP M ASSAM AND REP BY THE REGIONAL MANAGER GUWAHATI ASSAM VERSUS ANYAI WANGSU AND ORS MOTHER OF LATE WANGCHAL WANGSU
RESIDENT OF VILLAGE LONGHUA GAON PS KANUBARI DIST LONDING ARUNACHAL PRADESH 792131 2:SRI KULESWAR SONOWAL S/O LATE C.C SONOWAL RESIDENT OF JOKAI HARAK PATHER TINIALI PS BORBARUAH DIST DIBRUGARH ASSAM 786003 3:THE ORIENTAL INSURANCE COMPANY LIMITED REPRESENTED BY THE REGIONAL MANAGER 3RD FLOOR
Page No.# 3/4 ULUBARI GODREJ BUILDING DIST KAMRUP M ASSAM 781007 4:SRI RUPAM BORGOHAIN S/O SRI BIREN BORGOHAIN RESIDENT OF VILLAGE TAIRAI CHATIONAGURI PO CHATIONAGURI DIST TINSUKIA ASAM 785692 ------------ Advocate for : MR T KALITA Advocate for : MR. A R AGARWALA appearing for ANYAI WANGSU AND ORS
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER 03.09.2025
Learned counsel Mr. T. Kalita is present on behalf of the appellant. Learned counsel Mr. A. R. Agarwala is present for the claimant and learned counsel Mr. R. Sarma is present for respondent No. 3. The appellant is aggrieved by the judgment and order dated 07.08.2024 passed by the learned Member, MACT, No. 2, Kamrup (M) in MAC Case No. 836/2021 as the liability was fixed only on the appellant, despite the fact that the claimant has alleged liability on both the offending vehicles. Considering all aspects, the operation of the impugned judgment and order dated 07.08.2024 passed by the learned Member, MACT, No. 2, Kamrup (M) in MAC Case No. 836/2021, is stayed until further orders subject to the condition that the applicant/insurer deposits 50% of the awarded compensation before the Registry of this Court within 4 (four) weeks from today.
Learned counsel for the claimant has prayed for withdrawal of the 50% awarded
Page No.# 4/4 amount to be deposited by the insurer. Considering all aspects, the claimant is allowed to withdraw the deposited amount from the Registry of this Court subject to the condition that the claimant executes a bond for verification by the Registry for the claimant appearing to withdraw the apportioned amount. In terms of the above observation, this application stands disposed of.
JUDGE Comparing Assistant