National Insurance Company Ltd vs Someswar Lohar And 3 Ors
2021 Latest Caselaw 1262 Gua

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GAHC010054302021




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

                               I.A.(Civil) No. 832/2021
                             In MAC Appl. No. 107/2021

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
         BHANGAGARH
         GUWAHATI-781005


          VERSUS

         SOMESWAR LOHAR AND 3 ORS.
         S/O LATE CHANDIRAM LOHAR
         R/O VILLAGE DAYAPUR PART I
         PO AND PS UDHARBOND
         DIST. CACHAR
         ASSAM
         PIN-788030

         2:KALABARI LOHAR
         W/O SOMESWAR LOHAR
          R/O VILLAGE- DAYAPUR PART I
          PO AND PS UDHARBOND
          DIST. CACHAR
         ASSAM
          PIN-788030
          3:DISHA LOHAR
         D/O LATE SANJIB LOHAR
          R/O VILLAGE- DAYAPUR PART I
          PO AND PS UDHARBOND
          DIST. CACHAR
         ASSAM
          PIN-788030
          4:KINGSHUK BHATTACHARJEE
         S/O LATE KARUNAMOY BHATTACHARJEE
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             R/O VILLAGE DOYAPUR PART-I
             PO AND PS UDHARBOND DIST. CACHAR
             ASSAM
             PIN-788030

             (OWNER-CUM-RIDER OF THE VEHICLE NO. AS-11-F-7428 (MOTOR CYCLE))
              ------------
              Advocate for : MR. R GOSWAMI
             Advocate for : appearing for SOMESWAR LOHAR AND 3 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                               ORDER

31-03-2021 Heard Shri R. Goswami, learned counsel for the applicant/appellant who has preferred an application under Order 41 Rule V of the Code of Civil Procedure, 1908.

By this application a prayer has been made to stay the operation of the impugned judgment and award dated 21.12.2020 passed by learned Member, MACT, Cachar in MAC Case No. 408/2017.

It is submitted that there are good grounds of appeal and the assessment of the monthly income, apart from being on the higher side is based upon a document from an authority who is not competent.

After considering the aforesaid facts and circumstances, this Court is of the considered opinion that an interim order is called for.

Accordingly, it is directed that pending disposal of the petition the impugned judgment and order dated 21.12.2020 passed by the MACT, Cachar in Misc. Case No. 408/2017 shall remain suspended subject to payment of 50% of the awarded amount before the Registry of this Court within a period of 2 months from today.

The claimant will be at liberty to file application for leave for release of the said amount. IA accordingly stands disposed of.

JUDGE

Comparing Assistant