The New India Assurance Co. Ltd vs Mintumoni Deka And 5 Ors
2021 Latest Caselaw 2653 Gua

                                                              Page No.# 1/3

GAHC010156342021




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

                        Case No. : I.A.(Civil)/1802/2021



         THE NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING 87 MAHATMA GANDHI ROAD
         FORT
         MUMBAI-400001 AND ONE OF THE REGIONAL OFFICES AT STAR CITY
         COMPLEX
         5TH FLOOR
         M.S.S. PATH
         LACHIT NAGAR
         GUWAHATI-781007 AND VARIOUS DIVISIONAL BRANCH AND MICRO
         OFFICES THROUGHOUT THE COUNTRY.


          VERSUS

         MINTUMONI DEKA AND 5 ORS.
         W/O- LATE UREN DEKA
         R/O- VILL.- PAIKANA
         P.S. CHANGSARI
         DIST.- KAMRUP
         ASSAM
         PIN- 781101.

         2:ABINASH DEKA
         S/O- LATE UREN DEKA
          R/O- VILL.- PAIKANA
          P.S. CHANGSARI
          DIST.- KAMRUP
         ASSAM
          PIN- 781101.
          3:MANASH PRATIM DEKA
         S/O- LATE UREN DEKA
                                                                       Page No.# 2/3

             R/O- VILL.- PAIKANA
             P.S. CHANGSARI
             DIST.- KAMRUP
             ASSAM
             PIN- 781101.
             4:PHULESWARI DEKA
             M/O- LATE UREN DEKA
             R/O- VILL.- PAIKANA
             P.S. CHANGSARI
             DIST.- KAMRUP
             ASSAM
             PIN- 781101.
             5:M/S. PRABHU AGARWALLA CONSTRUCTIONS PRIVATE LIMITED
             SETHI TRUST BUILDING
             BHANGAGARH
             G.S. ROAD
             GUWAHATI
             PIN- 781005.
             6:HEM CHANDRA CHOUHAN
             S/O- LATE KANAILAL CHOUHAN
             R/O- VILL.- SALOIPARA
             P.O. CHAPAI
             P.S. MANGALDAI
             DIST. DARRANG
             ASSAM
             PIN- 784146.
             ------------
             Advocate for : MR. A J SAIKIA
             Advocate for : appearing for MINTUMONI DEKA AND 5 ORS.



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 01.11.2021

Heard Ms. M. Choudhury, learned counsel for the applicant.

This is an application praying for stay of the operation of the impugned judgment and award, dated 17.03.2021, passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in MAC Case No.2550/2017, whereby an amount of Rs.14,87,584/-(Rupees Fourteen Lakhs Eighty Page No.# 3/3

Seven Thousand Five Hundred Eighty Four only) along with an interest of 6%per annum from the date of filing of the claim petition, have been awarded as compensation to be paid to the opposite party Nos. 1 to 4/claimants.

Upon hearing the learned counsel for the applicant/appellant, the impugned judgment and award, dated 17.03.2021, passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in MAC Case No.2550/2017, shall remain stayed subject to the applicant/appellant depositing 50% of the awarded amount before the Registry of this Court, within a period of 6(six) weeks from today and on such deposit being made by the applicant/appellant, the opposite party Nos. 1 to 4/claimants may file an application for withdrawal of the deposited amount, which shall consider in accordance with law.

The I.A. stands disposed of.

JUDGE

Comparing Assistant