UNITED INDIA INSURANCE CO. LTD v. AYNUL HAQUE BARBHUYAN AND 10 ORS. H
I.A.(Civil)/2815/2025 · 2025-08-31
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6871 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6871 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010021632023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2815/2025 UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED HEAD OFFICE AT 24 WHITES ROAD CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD GUWAHATI- 781005 VERSUS AYNUL HAQUE BARBHUYAN AND 10 ORS. H S/O LATE MUFASSIL ALI BARBHUYAN VILL.- BARNAGAD P.O.- KALIBARI BAZAR DIST.- HAILAKANDI ASSAM PIN- 788150. ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for AYNUL HAQUE BARBHUYAN AND 10 ORS. H
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER 01.09.2025 Heard learned counsel Mr. K. K. Bhatta for the applicant/appellant who has preferred an application against the judgment and award dated 18.07.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 16/2014.
2. Heard learned counsel Mr. M. Talukdar for the claimants/ respondent nos. 1, 2, 3 and 4 of the original MAC Case No. 16/2014.
3. I have considered the submissions at the Bar.
4. The appellant is aggrieved by the judgment and award as 3 (three) vehicles were involved in the accident and it is submitted that although liability has been cast upon the appellant to pay the compensation to the claimants, yet in an analogous case arising out of the same cause of action, no liability was cast upon the applicant.
5. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the operation of the impugned judgment and award dated 18.07.2022 passed by the learned Member, MACT, Hailakandi in MAC Case No. 16/2014 is stayed until further orders subject to the condition that the applicant deposits 50% of the compensation amount before the Registry of this Court within 4 (four) weeks from the date of this order.
6.
Learned counsel for the claimants has submitted that the claimant nos. 1 and 2 are old and ailing persons and has submitted for withdrawal of the amount of compensation to be deposited by the insurer.
7. Considering the submissions at the Bar, claimants are allowed to withdraw
Page No.# 3/3 the 50% of the compensation on their execution of a bond for verification by the Registry of this Court.
8. In terms of the above observation, this application stands disposed of.
JUDGE Comparing Assistant