New India Assurance Company Ltd vs Sahab Uddin Talukdar And 2 Ors
2021 Latest Caselaw 1518 Gua

                                                           Page No.# 1/2

GAHC010038862021




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

                         Case No. : I.A.(Civil)/617/2021

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         G.S. ROAD
         GHY- 7


          VERSUS

         SAHAB UDDIN TALUKDAR AND 2 ORS.
         S/O. MD. HABIBUR RH. TALUKDAR
         R/O. VILL. SARASHPUR
         P.O. GUMRAH BAZAR
         P.S. KATIGORAH
         DIST. CACHAR
         ASSAM
         PIN- 788805

         2:NABAJIT DEBROY
         S/O SRI NITYANANDA DEBROY
          C/O HELA DEBROY
          SWAROJINI APPARTMENT
          N.H. WAY
          PS SILCHAR
          DIST. CACHAR
         ASSAM
          PINCODE-788001

         (OWNER OF THE VEHICLE NO. AS11J/8482(M/C))
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             3:MINTU KR. RUDRAPAUL
             S/O SRI MANIK KR. RUDRAPAUL
             R/O VILLAGE MATIJURI
             PO PAIKAN PS HAILAKANDI
             DIST. HAILAKANDI
             ASSAM
             PINCODE-788151
             (OWNER OF THE VEHICLE NO. AS11J/8482(M/C))
             ------------
             Advocate for : MR. R GOSWAMI
             Advocate for : appearing for SAHAB UDDIN TALUKDAR AND 2 ORS.

                                       BEFORE
                           HONOURABLE MR. JUSTICE NANI TAGIA

                                                ORDER

Date : 23.04.2021

Heard Mr. R. Goswami, learned counsel appearing on behalf of the applicant/Insurance Company.

This is an application under Order XLI Rule 5 of the CPC, 1908, praying for stay of the operation of the impugned judgment and award, dated 10.08.2020, passed by the learned Member, MACT, Cachar, in MAC Case No. 325/2016, whereby compensation to the tune of Rs. 12,24,348/- has been awarded to the respondent No. 1/claimant.

Upon hearing the learned counsel appearing on behalf of the applicant/Insurance Company and on perusal of the materials made available on record; the impugned judgment and award, dated 10.08.2020, passed by the learned Member, MACT, Cachar, in MAC Case No. 325/2016, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

On such deposit being made by the applicant/Insurance Company, the respondent No. 1/claimant, shall be at liberty to withdraw the deposited amount, on being properly identified by following the due process of identification as notified by the Registry of this Court, from time to time.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE Comparing Assistant