United India Insurance Co Ltd vs Smti Binita Devi And 4 Ors
2021 Latest Caselaw 399 Gua

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GAHC010175592019




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

                         Case No. : I.A.(Civil)/3504/2019


         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

         SMTI BINITA DEVI AND 4 ORS
         WIFE OF LATE SUBHASH NATH
         RESIDENT OF VILL- AMJONGA
         P.O. AND P.S. DUDHNOI
         DISTRICT- GOALPARA
         ASSAM. PIN- 783124.

         2:SMTI. GANGA NATH
         WIFE OF SRI RUPESWAR NATH
          RESIDENT OF VILL- AMJONGA
          P.O. AND P.S. DUDHNOI
          DISTRICT- GOALPARA
         ASSAM. PIN- 783124.
          3:MD. MUSTAKIM ALI
         SON OF GULZAE HUSSAIN
          RESIDENT OF COLLEGE NAGAR
          MANKACHAR
          P.O. AND P.S. MANKACHAR
          DISTRICT- DHUBRI
         ASSAM- 783124. ( OWNER OF THE VEHICLE NO. AS-01-G-7379 (BUS)).
          4:MD. ABDUL MATIN SK
         SON OF LATE FADULLA SK
          RESIDENT OF VILL- BHURAKATA
          P.O. RADHAMADHAP
                                                                                    Page No.# 2/3

             P.S. MANKACHAR
             DISTRICT- DHUBRI
             ASSAM- 783135. (DRIVER OF THE VEHICLE NO. AS-01-G-7379 (BUS)).
             5:NAKUL CH RABHA
            SON OF BIBIK KANTA RABHA
             RESIDENT OF VILL- DOSHIMA
             P.O. DUDHNOI
             P.S. DUDHNOI
             DISTRICT- GOALPARA
             ASSAM- 783124. ( OWNER OF THE VEHICLE NO. ML-07-8475
            (MOTORCYCLE)).
             ------------
             Advocate for : MR. K K BHATRA
            Advocate for : appearing for SMTI BINITA DEVI AND 4 ORS




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 05.02.2021

Heard Mr. K.K. Bhatta, learned counsel for the applicant.

This is an application for stay of operation and execution of the impugned judgment and award dated 07.05.2019, passed by the learned Member, MACT, Goalpara in MAC Case No. 156/2008.

Issue formal notice returnable in 6(six) weeks.

The applicant shall take steps for service of notice on opposite parties by registered post with A/D as well as by usual process within 2 days.

As the connected appeal has been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 07.05.2019, passed by the learned Member, MACT, Goalpara in MAC Case No. 156/2008, subject to condition that the applicant shall deposit 50% of the awarded sum before the Registry of this Court within a period of 6(six) weeks from today. It is made clear that if the said deposit is not made within Page No.# 3/3

the time allowed, this order shall not be a bar for enforcement of the award.

List after 6(six) weeks.

JUDGE

Comparing Assistant