New India Assurance Company Ltd vs Smt. Rumi Chanmai Dutta And 3 Ors
2021 Latest Caselaw 3145 Gua

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GAHC010111332021




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

                        Case No. : I.A.(Civil)/2009/2021

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI-400001 AND REGIONAL OFFICE AT G.S. ROAD
         GUWAHATI-7
         REPRESENTED BY THE REGIONAL MANAGER


          VERSUS

         SMT. RUMI CHANMAI DUTTA AND 3 ORS.
         W/O LATE MANUJ KR. DUTT
         R/O MOTHADANG (DHULIAPUR)
         P.O.-DHULIAPUR
         P.S. AND DIST-SIBSAGAR

         2:SMTI BINA DUTTA
         W/O LATE TUKHESWAR DUTTA
          R/O MOTHADANG (DHULIAPUR)
          P.O.-DHULIAPUR
          P.S. AND DIST-SIBSAGAR (MOTHER OF THE DECEASED)
          3:BITUPAN DUTTA
         S/O LATE MANUJ KR. DUTTA
          R/O MOTHDANG (DHULIAPUR)
          P.O.-DHULIAPUR. (MINOR SON REPRESENTED BY HIS MOTHER)
          4:MD. ALI HUSSAIN
         S/O MOHMMAD ALAM
          C/O SUDHIR K. THAKUR
          GOOD LUCK CARRIER CO.
          N.H. PARKING LALMATI
          BELTOLA
          GUWAHATI.
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              ------------
              Advocate for : MR SISHIR DUTTA
              Advocate for : appearing for SMT. RUMI CHANMAI DUTTA AND 3 ORS.




                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 26.11.2021

Heard Mr. S. Dutta, learned counsel for the applicant/appellant.

This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1098, praying for stay of the operation of the impugned judgment and award, dated 23.12.2020, passed by the learned Additional Member-1, MACT, Sivasagar in MAC Case No.14/2019, whereby an amount of Rs.38,57,000/-(Rupees Thirty Eight Lakhs Fifty Seven Thousand only) along with an interest of 5% per annum have been awarded as compensation to be paid to the respondents No.1 to 3/claimants.

Issue notice to the opposite parties, returnable in six weeks.

Steps for service of notice upon the opposite parties be taken by registered post with A/d as well as by usual process, within a week.

In the meanwhile, the impugned judgment and award, dated 23.12.2020, passed by the learned Additional Member-1, MACT, Sivasagar in MAC Case No.14/2019, shall remain stayed subject to the applicant/appellant depositing 50% of the awarded amount before the Page No.# 3/3

Registry of this Court, within a period of 6(six) weeks from today.

List it after 6(six) weeks.

JUDGE

Comparing Assistant