New India Assurance Co. Ltd vs Kalpana Bora And 2 Ors. (A)
2021 Latest Caselaw 3090 Gua

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GAHC010131912020




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

                        Case No. : I.A.(Civil)/1937/2021

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGD. OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE NORTH EAST REGIONAL OFFICE AT ULUBARI
         GUWAHATI.


          VERSUS

         KALPANA BORA AND 2 ORS. (A)
         W/O- LT. SRI BIREN BORA
         PERMANENT R/O- CHANDRADHAR BARUA NAGAR
         P.O.- RRL
         P.S.- PULIBOR
         DIST.- JORHAT
         PIN- 785006.

         2:SANTOSH KR. MANDAL
         S/O- SRI JANAK MANDAL
          R/O- GANAK PATTY
          P.S. AND DIST.- SIVSAGAR
         ASSAM
          PIN- 785640.
          3:RAMESWAR GOGOI
         S/O- SRI BHO RAM GOGOI
          R/O- THOWARA DOL
          KOLBARI
          P.S.- DEMOW
          DIST.- SIVSAGAR
         ASSAM
          PIN- 785662.
          4:PURNANANDA SAIKIA
         S/O- SURENDRA NATH SAIKIA
          P.O.- AKHOI PHUTIA GAON
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          P.O. AND DIST.- SIVSAGAR
          ASSAM
          PIN- 785640.
          ------------
          Advocate for : MR. K K BHATRA
          Advocate for : MR. A GANGULY appearing for KALPANA BORA AND 2 ORS. (A)

                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 24.11.2021

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

This is an application praying for stay of the operation of the impugned judgment and award, dated 09.06.2020, passed by the learned Member, MACT, Jorhat, in MAC Case No. 52/2015, whereby compensation to the tune of Rs. 23,23,000/- has been awarded to the opposite party No. 1/claimant.

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 09.06.2020, passed by the learned Member, MACT, Jorhat, in MAC Case No. 52/2015, 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.

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The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant