United India Insurance Co. Ltd vs Krishna Boro @ Krishna Badao And 7 ...

Citation : 2022 Latest Caselaw 1534 Gua
Judgement Date : 10 May, 2022

Gauhati High Court
United India Insurance Co. Ltd vs Krishna Boro @ Krishna Badao And 7 ... on 10 May, 2022
                                                               Page No.# 1/3

GAHC010169092018




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/1300/2022


         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         GUWAHATI- 781005.


          VERSUS

         KRISHNA BORO @ KRISHNA BADAO AND 7 ORS
         W/O- LATE BABU RAM BORO
         R/O- VILL.- DAMOGAON
         P.O. AND P.S. PANBARI
         DIST.- CHIRANG
         ASSAM- 783391.

         2:SRI NAGENDRA SWARGIARY @ BORO
         S/O- LATE BABU RAM BORO

         R/O- VILL.- DAMOGAON
         P.O. AND P.S. PANBARI
         DIST.- CHIRANG
         ASSAM- 783391.
         3:SMT. DEBO BALA SWARGIARY
         W/O- NAGENDRA SWARGIARY @ BORO

         R/O- VILL.- DAMOGAON
         P.O. AND P.S. PANBARI
         DIST.- CHIRANG
         ASSAM- 783391.
         4:PRONITA BORO
         D/O- LATE BABU RAM BORO
                                                               Page No.# 2/3

R/O- VILL.- DAMOGAON
P.O. AND P.S. PANBARI
DIST.- CHIRANG
ASSAM- 783391.
5:NIHA BORO
D/O- LATE BABU RAM BORO

R/O- VILL.- DAMOGAON
P.O. AND P.S. PANBARI
DIST.- CHIRANG
ASSAM- 783391.
6:KHEJITA BORO
D/O- LATE BABU RAM BORO

R/O- VILL.- DAMOGAON
P.O. AND P.S. PANBARI
DIST.- CHIRANG
ASSAM- 783391.
7:SRI PANKAJ KR. RAY
S/O- MOUJELA RAY

R/O- VILL.- BARIYARPUR ANCHAL
MOTIPUR
P.O. MOTIPUR
P.S. MOTIPUR
DIST.- MUZAFFARPUR
BIHAR- 843124. (DRIVER OF THE VEHICLE NO. NL-01-D-3211 (LPG
TANKER).
8:M/S. JAINEX PARIWAHAN PVT. LTD.

CHATRIBARI ROAD
GUWAHATI- 781001. (OWNER OF VEHICLE NO. NL-01-D-3211 (LPG
TANKER).
------------
Advocate for : MR. K K BHATTA
Advocate for : appearing for KRISHNA BORO @ KRISHNA BADAO AND 7 ORS
                                                                              Page No.# 3/3

                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 10.05.2022 Heard Mr. K. K. Bhatta, learned counsel for the applicant/appellant. This is an application praying for stay of the operation of the impugned judgment & award dated 16.02.2018, passed by the learned Member, MACT, Bongaigaon, in MAC Case No.134/2015, whereby an amount of Rs.75,65,300/-(Rupees Seventy five lakhs sixty five thousand three hundred only) along with an interest @ 6% per annum have been awarded as compensation to be paid to the opposite party Nos.1 to 6/claimants.

Upon hearing the learned counsel for the applicant/appellant, it is provided that the impugned judgment and award dated 16.02.2018, passed by the learned Member, MACT, Bongaigaon, in MAC Case No.134/2015, shall remain stayed, subject to the applicant/appellant depositing 75% of the aforesaid awarded amount before the Registry of this Court, within a period of 6(six) weeks from today. As and when such deposit is made by the applicant/appellant, the opposite party Nos.1 and 6/claimants shall be at liberty to withdraw the deposited amount on being identified by the engaged counsel, and also by following the due process for such withdrawal as notified by the Registry of this Court from time to time.

The I.A. stands disposed of.

JUDGE Comparing Assistant