The United India Insurance ... vs Smt. Jayanti Roy And 2 Ors
2021 Latest Caselaw 3288 Gua

                                                               Page No.# 1/3

GAHC010077012021




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

                         Case No. : I.A.(Civil)/2024/2021

         THE UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI-600014 AND REGIONAL OFFICE AT CHIBBER HOUSE
         G.S. ROAD
         GUWAHATI-5
         REPRESENTED BY ITS REGIONAL MANAGER
         REGIONAL OFFICE
         GUWAHATI

          VERSUS

         SMT. JAYANTI ROY AND 2 ORS.
         W/O LATE NIRANJAN ROY
         R/O VILL-KHUDRA BASUGAON
         DIST-KOKRAJHAR
         PIN-783370
         ASSAM

         2:MD. ABDUL HUSSAIN
         S/O LATE ABDUL ALI
          C/O M/S KIRON TRANSPORT CO. PVT. LTD.
          M.R.D. ROAD
          SILPUKHURI
          GUWAHATI-3
          DIST- KAMRUP(M)
         ASSAM
          3:MD AINUDDIN AHMED
         S/O RASHMAN ALI
          R/O VILL- LAUTOLA
          P.S.-MUKALMUA
          DIST- NALBARI
          PIN-781335
         ASSAM
          ------------
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          Advocate for : MR. A DUTTA
          Advocate for : MS A DAS (FOR CAVEATOR) appearing for SMT. JAYANTI ROY
          AND 2 ORS.

                                BEFORE
                    HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 03.12.2021

Heard Mr. A. Dutta, learned counsel for the applicant. Also heard Ms. A. Das, learned counsel for Opposite Party No. 1 /claimant.

This is an application praying for stay of the operation of the impugned judgment and award, dated 21.01.2021, passed by the learned Addl. District Judge No. 2-cum-Member, MACT, Guwahati, in MAC Case No. 2213/2013, whereby compensation to the tune of Rs. 32,60,488/- has been awarded to the opposite party No. 1/claimant.

Upon hearing the learned counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 21.01.2021, passed by the learned Addl. District Judge No. 2-cum-Member, MACT, Guwahati, in MAC Case No. 2213/2013, 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 Opposite Party No. 1/claimant shall be at liberty to withdraw the deposited amount, in question, on being properly identified by following the due process of Page No.# 3/3

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