National Insurance Co. Ltd vs Sri Robin Dutta And 3 Ors
2021 Latest Caselaw 3140 Gua

                                                              Page No.# 1/3

GAHC010117812019




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

                         Case No. : I.A.(Civil)/1996/2021

         NATIONAL INSURANCE CO. LTD
         (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA)
         REGISTERED HEAD OFFICE AT 3
          MIDDLETON STREET
          CALCUTTA- 700071
          REP. BY THE MANAGER
          GAUHATI REGIONAL OFFICE
          BHANGAGARH
          GUWAHATI- 781005


          VERSUS

         SRI ROBIN DUTTA AND 3 ORS
         S/O- LATE BISWARATH DUTTA

         2:SMTI. MALOTI DUTTA
         W/O- SRI ROBIN DUTTA
          3:SRI DEBASHIS DUTTA
         S/O- SRI ROBIN DUTTA
         ALL ARE RESIDENT OF VILL.- KONWARPUR
          P.O. KALAKHOWA ADARSHA GAON
          P.S. LALUK
          DIST.- LAKHIMPUR
         ASSAM
          PIN- 787023 AND PRESENT ADDRESS- UPPER JATIA
          KAHILIPARA
          GUWAHATI
          P.O. KAHILIPARA
          DIST.- KAMRUP
         ASSAM
          PIN- 781019.
          4:SRI PALAKH BHUYAN
         S/O- LATE SENIRAM BHUYAN
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            R/O- VILL.- CHOWKHAMTING GAON
            P.S. SILAPATHAR
            P.O. SISSIBARGAON
            DIST.- DHEMAJI
            ASSAM
            PIN- 787110.
            ------------
            Advocate for : MRS. RITA DAS MOZUMDAR
            Advocate for : MR. S K TALUKDAR appearing for SRI ROBIN DUTTA AND 3 ORS



                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 26.11.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Ms. S. T. Bakht, learned counsel for Opposite Parties No. 1 to 3/claimants.

This is an application praying for stay of the operation of the impugned judgment and award, dated 29.09.2018, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in MAC Case No. 2796/2015, whereby compensation to the tune of Rs. 19,27,699/- has been awarded to the opposite parties No. 1 to 3/claimants.

Upon hearing the learned counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 29.09.2018, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in MAC Case No. 2796/2015, 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.

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On such deposit being made by the applicant/Insurance Company, the Opposite Parties No. 1 to 3/claimants shall be at liberty to withdraw the deposited 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