Gauhati High Court
Hdfc Ergo General Insurance Co. Ltd vs Rupati Basumatary And 3 Ors on 22 July, 2024
Page No.# 1/3
GAHC010285042023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Civil)/2110/2024
HDFC ERGO GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
H.T. PAREKH MARG
169
BACKBAY RECLAMATION
MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
BUILDING
6TH FLOOR
LACHIT NAGAR
GS ROAD
GUWAHATI
781007
ASSAM.
VERSUS
RUPATI BASUMATARY AND 3 ORS.
W/O LATE GATHU RAM BASUMATARY
VILL.- MANIKPUR (KANGHIR)
P.S.- DOKMOKA
DIST.- KARBI ANGLONG
ASSAM
PIN- 782481.
2:ARGENGWRA BASUMATARY
S/O LATE GATHU RAM BASUMATARY
VILL.- MANIKPUR (KANGHIR)
P.S.- DOKMOKA
DIST.- KARBI ANGLONG
ASSAM
PIN- 782481.
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3:SONAM DAWA
S/O RINCHIN DAWA
R/O PLOT NO. 21
1ST FLOOR
BHARAT GARDEN
DIST.- UTTAM NAGAR
WEST DELHI
PIN- 110059.
4:JYOTISH DAS
S/O KRISHNA DAS
R/O C/O MANTU DAWKA
FA AHMED NAGAR PANJABARI ROAD
HOUSE N. 14
P.S.- DISPUR
DIST..- KAMRUP (M)
ASSAM
PIN- 781037.
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for RUPATI BASUMATARY AND 3 ORS.
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 22.07.2024 Heard Mr. R. Goswami, learned counsel for the applicant.
This applicant under Order XLI Rule 5 of the Code of Civil Procedure, 1908 has been filed by the HDFC ERGO General Insurance Company Limited, the applicant in this case and also appellant in MAC Appeal No. 351/2024 praying for stay of the operation of the impugned Judgment and Award 19.09.2023 passed in MAC Case No. 268/2021 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M).
Issue notice to the opposite parties.
Page No.# 3/3 The applicant shall take steps for issuance of notice to the opposite parties by registered post with A/D as well as through usual mode within seven days from the date of this order, returnable after four weeks.
In the interim, the operation of the impugned Judgment and Award dated 19.09.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 268/2021, shall remain stay, subject to payment of 50% of the awarded amount by the appellant to the Registry of this Court within four weeks from the date of this order.
List accordingly.
JUDGE Comparing Assistant