M/S New India Assurance Company ... vs Smt. Anuma Dohutia And 5 Ors
2021 Latest Caselaw 3088 Gua

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GAHC010179552021




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

                        Case No. : I.A.(Civil)/1992/2021

         M/S NEW INDIA ASSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         GUWAHATI-781005
         NEAR HAMUMAN MANDIR


          VERSUS

         SMT. ANUMA DOHUTIA AND 5 ORS.
         W/O LATE NOBIN DOHUTIA
         R/O VILL-HUNJAN GAON
         P.O.-BORDUMSA
         P.S.-BORDUMSA
         DIST-TINSUKIA
         PIN-792056

         2:MISS TRISHNA DOHUTIA
         D/O LATE NOBIN DOHUTIA
          R/O VILL-HUNJAN GAON
          P.O.-BORDUMSA
          P.S.-BORDUMSA
          DIST-TINSUKIA
          PIN-792056
          3:MISS RUNJUN DOHUTIA
         D/O LATE NOBIN DOHUTIA
          R/O VILL-HUNJAN GAON
          P.O.-BORDUMSA
          P.S.-BORDUMSA
          DIST-TINSUKIA
          PIN-792056
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           4:MISS PINKI DOHUTIA
           D/O NOBIN DOHUTIA
           R/O VILL-HUNJAN GAON
           P.O.-BORDUMSA
           P.S.-BORDUMSA
           DIST-TINSUKIA
           PIN-792056
           5:TRINAYAN DOHUTIA
           S/O NOBIN DOHUTIA
           R/O VILL-HUNJAN GAON
           P.O.-BORDUMSA
           P.S.-BORDUMSA
           DIST-TINSUKIA
           PIN-792056
           6:BOLIN CHETIA
           S/O SRI SOMESWAR CHETIA
           R/O MAKUM CHINA PATTY
           P.O.-MAKUM
           P.S.-MAKUM
           DIST-TINSUKIA
           ------------
           Advocate for : MR. K K BHATTA
           Advocate for : appearing for SMT. ANUMA DOHUTIA AND 5 ORS.



                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 24.11.2021

Heard Mr. K. K. Bhatta, learned counsel for the applicant/Insurance Company.

This is an application praying for stay of the operation of the impugned judgment and award, dated 26.03.2021, passed by the learned Addl. Member-1, MACT, Margherita, in MAC Case No. 49/2017, whereby compensation to the tune of Rs. 12,98,500/- has been awarded to the opposite parties No. 1 to 4/claimants.

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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 26.03.2021, passed by the learned Addl. Member-1, MACT, Margherita, in MAC Case No. 49/2017, 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 parties No. 1 to 4/claimants, 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