Gauhati High Court
The United India Insurance ... vs Bharati Ray And 5 Ors on 17 November, 2021
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GAHC010172382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1904/2021
THE UNITED INDIA INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
CHENNAI-600014 AND REGIONAL OFFICE AT CHIBBER HOUSE
G.S. ROAD
GUWAHATI-5
REP. BY ITS REGIONAL MANAGER
REGIONAL OFFICE
GUWAHATI.
VERSUS
BHARATI RAY AND 5 ORS.
W/O- LATE BHABANI PRASAD RAY
R/O- VILL.- BHAKARIBHITA
WARD NO. 8
P.O.
P.S. AND DIST.- BONGAIGAON
ASSAM.
2:JENI RAY
D/O- LATE BHABANI PRASAD RAY
R/O- VILL.- BHAKARIBHITA
WARD NO. 8
P.O.
P.S. AND DIST.- BONGAIGAON
ASSAM.
3:ABDUS SALAM
S/O- LATE ABDUR RAHMAN
VILL.- BASHBARI NO. 1
P.O. CHALABILA
P.S. MANIKPUR
DIST.- BONGAIGAON
ASSAM
4:OMAR ALI
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S/O- OSMAN GANI
VILL. NO. 2 GARUGAON
P.O. GARUGAON
DIST. BONGAIGAON
ASSAM
5:THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE COMPANY LTD.
BONGAIGAON DIVISION
BONGAIGAON
P.O.
P.S. AND DIST.- BONGAIGAON
ASSAM
6:JOHN RAY
S/O- LATE BHABANI PRASAD RAY
VILL.- BHAKARIBHITA
P.O.
P..S AND DIST.- BONGAIGAON
ASSAM
------------
Advocate for : MR. A DUTTA
Advocate for : appearing for BHARATI RAY AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 17.11.2021
Heard Mr. A. Dutta, learned counsel for the applicant/ Insurance Company.
At the very outset, Mr. Dutta, learned counsel, prays for striking-off the names
of respondents No. 3 to 6 from the array of the respondents contending that the
said respondents are not necessary parties to this proceeding.
Prayer is allowed.
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At the risk of the applicant, Registry shall strike-off the names of respondents
No. 3 to 6 from the array of the respondents.
This is an application praying for stay of the operation of the impugned
judgment and award, dated 27.04.2021, passed by the learned Member, MACT,
Bongaigaon, in MAC Case No. 95/2018, whereby compensation to the tune of
Rs. 1,18,40,407/- has been awarded to the opposite parties No. 1 &
2/claimants.
Mr. Dutta, learned senior counsel, submits that the impugned judgment &
award, dated 27.04.2021, may be stayed subject to deposit of 80% of the
awarded amount by the applicant/Insurance Company within a period of
8(eight) weeks.
Upon hearing the learned senior counsel for the applicant/Insurance Company
and on perusal of the materials made available on record; it is hereby directed
that the operation of the impugned judgment and award, dated 27.04.2021,
passed by the learned Member, MACT, Bongaigaon, in MAC Case No. 95/2018,
shall remain stayed subject to deposit of 80% of the awarded amount by the
applicant/Insurance Company before the Registry of this Court, within a period
of 8(eight) weeks from today.
On such deposit being made by the applicant/Insurance Company, the opposite
parties No. 1 & 2/claimants shall be at liberty to withdraw the deposited
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amount, in question, on being properly identified by following the due process
of identification as notified by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands disposed of.
JUDGE
Comparing Assistant
