New India Assurance Company Ltd vs Suman Dutta @ Sonu @ Shanu And 4 Ors
2021 Latest Caselaw 3087 Gua

                                                               Page No.# 1/3

GAHC010183522021




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

                       Case No. : I.A.(Civil)/1997/2021

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR NEAR HANUMAN MANDIR
         G.S. ROAD
         GUWAHATI-781007


          VERSUS

         SUMAN DUTTA @ SONU @ SHANU AND 4 ORS.
         S/O SRI AJIT KUMAR DUTTA @ AJIT DUTTA
         R/O VILL- BORKHOLA
         PT-I
         P.S.-BORKHOLA
         DIST- CACHAR
         ASSAM
         PIN-788110

         2:MOTIBUR RAHMAN BARBHUIYA
         S/O KARIM UDDIN BARBHUIYA
          R/O VILL-UTTAR KRISHNAPUR
          PT-VI
          P.O.-UTTAR KRISHNAPUR
          P.S.-SILCHAR
          DIST-CACHAR
         ASSAM
          PIN-788010
          3:AMINUL HOQUE LASKAR
         S/O RAJU MIA LASKAR
          R/O VILL-BANSKANDI
                                                                        Page No.# 2/3

           PT-III
           P.O.-BANSKANDI
           P.S.-LAKHIPUR
           DIST-CACHAR
           ASSAM
           PIN-788103
           4:NAZMUL ISLAM BARBHUIYA
           S/O ALIM UDDIN BARBHUIYA
           R/O VILL-BERENGA
           PT-III
           P.O.-BERENGA
           P.S.-SILCHAR
           DIST- CACHAR
           ASSAM
           PIN-788010
           5:AJIT KUMAR DUTTA @ AJIT DUTTA
           S/O LATE AHI BHUSHAN DUTTA
           R/O VILL- BORKHOLA
           PT-I
           P.O. AND P.S.-BORKHOLA
           DIST- CACHAR
           ASSAM
           PIN-788110
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for SUMAN DUTTA @ SONU @ SHANU AND 4 ORS.


                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 24.11.2021

Heard Mr. R. Goswami, learned counsel for the applicant/Insurance Company.

This is an application praying for stay of the operation of the impugned judgment and award, dated 13.05.2021, passed by the learned Member, MACT, Cachar, in MAC Case No. 1195/2015, whereby compensation to the tune of Rs. 21,91,108/- has been awarded to the opposite party No. 1/claimant.

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Upon hearing the learned counsel appearing on behalf of the applicant and on perusal of the materials made available on record; the operation of the impugned judgment and award, dated 13.05.2021, passed by the learned Member, MACT, Cachar, in MAC Case No. 1195/2015, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

On such deposit being made by the applicant/Insurance Company, the opposite party No. 1/claimant, may file an application for withdrawal of the deposited amount which shall be considered in accordance with law.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant