The New India Assurance Co. Ltd vs Nripendra Sarkar And 2 Ors
2021 Latest Caselaw 2710 Gua

                                                              Page No.# 1/2

GAHC010115112021




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

                        Case No. : I.A.(Civil)/1840/2021


         THE NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING 87 MAHATMA GANDHI ROAD
         FORT
         MUMBAI- 40001 AND REGIONAL OFFICE AT GUWAHATI-7.


          VERSUS

         NRIPENDRA SARKAR AND 2 ORS.
         S/O- SRI NITAI SARKAR
         R/O- VILL. NO. 2 DUNGABORI
         P.S. JAGIROAD
         DIST.- MORIGAON
         ASSAM
         PIN- 782403.

         2:SHAYAM KR. PRADHAN
         S/O- CHABILAL PRADHAN
          R/O- 11TH MILE (NEAR PANI TANKI)
          P.O. JORABAT
          P.S. BASISTHA
          DIST.- KAMRUP
         ASSAM
          C/O- BINDA MOTOR WORKS NH-37 GALI NO. 5
         W/NO. 56
          KAMRUP
          PIN- 781022.
          3:PURNA BAHADUR
         S/O- RAM BAHADUR
          R/O- VILL.- AND P.O. JORABAT
          P.S. BASISTHA
          DIST.- KAMRUP
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             ASSAM
             PIN- 781022.
             ------------
             Advocate for : MR SISHIR DUTTA
             Advocate for : appearing for NRIPENDRA SARKAR AND 2 ORS.



                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 08.11.2021

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

This is an application praying for stay of the operation of the judgment and award, dated 08.01.2021, passed by the learned Member, MACT, Morigaon in MAC Case No.20/2017, whereby an amount of Rs.20,00,000/-(Rupees Twenty Lakhs only) along with an interest of 7.5% per annum from the date of filing of the claim petition have been awarded as compensation to be paid to the respondent No. 1/claimant.

Upon hearing the learned counsel for the applicant/appellant, the impugned judgment and award, dated 08.01.2021, passed by the learned Member, MACT, Morigaon in MAC Case No.20/2017, shall remain stayed subject to the applicant/appellant depositing Rs.5,80,000/-(Rupees Five Lakhs Sixty Thousand only) 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 respondent No. 1/claimant may file an application for withdrawal of the deposited amount.

The I.A. stands disposed of.

JUDGE Comparing Assistant