National Insurance Company Ltd vs Smti Soroj Borah
2021 Latest Caselaw 2999 Gua

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GAHC010117552018




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



                          Case : I.A.(Civil)/1976/2018
                                    In
                         MACApp. No. 505 of 2018


          NATIONAL INSURANCE COMPANY LTD.
          HAVIN ITS REGISTERED OFFICE AT MIDDLETON STREET
          KOLKATTA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI
          REGIONAL OFFICE
          GS ROAD
          BHANGAGARH
          GUWAHATI 5 HAVING ON OF ITS DIVISIONAL OFFICE AT IMPHAL


          VERSUS

          SMTI SOROJ BORAH
          WO SRI SAILEN BORAH

          2:SRI SAILEN BORAH
          SO LATE MALBHOG CH. BORAH
           RO VILL MELENG MATALINGA
           PS JORHAT
           DIST JORHAT ASSAM
           3:MOIRANG THEN PADOM SING
          SO M GOPI SING
           RO M. GOPAL SINGH
           RO TAKYEL KHANGBOL MOIRANG THANG
           IMPHAL MONIPUR
           4:SRI SALAM SHYAM SING
          SO LATE SOTOMBI SINGH
           RO MOYANG
           PS MOYANG
           DIST IMPHAL MONIPUR
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              ------------
              Advocate for : MR. R K BHATRA
              Advocate for : appearing for SMTI SOROJ BORAH



                                       BEFORE
                           HONOURABLE MR. JUSTICE NANI TAGIA

                                                ORDER

Date : 22-11-2021

Heard Mr. RK Bhatra, learned counsel for the appellant and Mr. D. Mondal, learned counsel for the opposite party Nos. 1 and 2.

This is an application for stay of the operation of the impugned judgment and award dated 05.04.2012, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 532 of 2008 whereby an amount of Rs. 2,40,000/- (Rupees two lakh forty thousand) only together with 6% interest per anum from the date of filing of the claim petition has been awarded till realization in favour of the opposite party/ claimants.

Upon hearing the learned counsel for the contesting parties and on examination of the impugned judgment and award dated 05.04.2012, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 532 of 2008, the same shall remain stayed on deposit of the entire awarded amount along with the interest in terms the judgment and award dated 05.04.2012, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No, 532 of 2008 in the Registry of this court within a period of one week from today. As and when the aforesaid amount is deposited, the opposite party Nos. 1 and 2 shall be at liberty to withdraw the deposited amount on being properly identified by the engaged counsel in accordance with the procedure prescribed.

With the above direction, this I.A.(Civil) stands disposed of.

JUDGE

Comparing Assistant