United India Insurance Co. Ltd vs Md. Mainul Haque And 4 Ors
2021 Latest Caselaw 2735 Gua

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GAHC010059382017




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

                             Case No : I.A.(Civil)/4284/2017


         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 24 WHITES ROAD
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI.


          VERSUS

         MD. MAINUL HAQUE and 4 ORS

         S/O LATE JABED ALI
         R/O VILL. CHAMATA
         P.O. PACHIM CHAMATA
         P.S. BELSOR
         DIST. NALBARI
         ASSAM
         PIN 781304

         2:BIPUL KUMAR BAISHYA

         S/O LATE NARAYAN BAISHYA
         R/O VILL. BADESILA
         P.S. HELASA PIN 781368
         DIST. BARPETA
         ASSAM.
         3:PULIN BAISHYA
         S/O LATE NARAYAN BAISHYA
         R/O VILL. BADESILA
         P.S. HELASA
         PIN 781368
         DIST. BARPETA
         ASSAM.
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             4:REGIONAL MANAGER

            ORIENTAL INSURANCE CO. LTD.
            ULUBARI
            G.S. ROAD
            GUWAHATI-7
            5:MD. WAHEDUR RAHMAN

            S/O MD. SAIFUDDIN AHMED
            R/O VILL. CHAMATA
            P.S. BELSOR
            DIST. NALBARI
            ASSAM
            ------------
            Advocate for : MS.P BORTHAKUR
            Advocate for : appearing for MD. MAINUL HAQUE and 4 ORS




                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 08.11.2021

Heard Mr. R. Goswami, learned counsel for the applicant, Mr. P.K. Mazumdar, learned counsel for the opposite party no.1, Mr. N.D. Bhuyan, learned counsel for the opposite party no.3 and Mr. D. Roy, learned counsel for the opposite party no.4.

As the connected appeal has been admitted for hearing, the Court is inclined to stay the operation of the impugned judgment and award dated 17.07.2017 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup, Guwahati in MAC Case No.1960/07 subject to deposit of 50% of the awarded amount before the Registry of the Court within a period of 4 (four) weeks.

The opposite party no.1/claimant is at liberty to withdraw the deposited Page No.# 3/3

amount on being duly identified by the engaged counsel.

I.A. stands allowed and disposed of.

JUDGE

Comparing Assistant