Gauhati High Court
New India Assurance Company Ltd vs Musstt. Halima Begum Laskar And 6 ... on 25 October, 2021
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GAHC010193032020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1223/2021
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87
MAHATMA GANDHI ROAD
FORT
MUMBAI-400001 AND REGIONAL OFFICE AT G.S. ROAD
GUWAHATI-5 REPRESENTED BY THE CHIEF REGIONAL MANAGER
VERSUS
MUSSTT. HALIMA BEGUM LASKAR AND 6 ORS. E
W/O LT. ANOWARUL HAQUE LASKAR
R/O VILL-BIDRUIPAR
P.O.-HATIKHAI BAZAR
P.O.-KACHUDARAM
DIST-CACHAR
ASSAM
2:MISS MASUMA BEGUM LASKAR
D/O MUSSTT. HALIMA BEGUM LASKAR
R/O VILL-BIDRUIPAR
P.O.-HATIKHAI BAZAR
P.O.-KACHUDARAM
DIST-CACHAR
ASSAM
3:MD. MAKSUD ALAM LASKAR
S/O MUSSTT. HALIMA BEGUM LASKAR
R/O VILL-BIDRUIPAR
P.O.-HATIKHAI BAZAR
P.O.-KACHUDARAM
DIST-CACHAR
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ASSAM
4:MD. MASHUD ALAM LASKAR
S/O MUSSTT. HALIMA BEGUM LASKAR
R/O VILL-BIDRUIPAR
P.O.-HATIKHAI BAZAR
P.O.-KACHUDARAM
DIST-CACHAR
ASSAM
5:MUSSTT. LAL BANU NESSA LASKAR
W/O LATE MAHMOD ALI LASKAR
R/O VILL-BIDRUIPAR
P.O.-HATIKHAI BAZAR
P.O.-KACHUDARAM
DIST-CACHAR
ASSAM
6:MD. ABDULLA CHOUDHURY
S/O TAYAB ALI
VILL-KHAYRABAD FOREST VILLAGE
P.O. AND P.S.-JIRIGHAT
DIST-CACHAR
ASSAM (OWNER OF THE OFFENDING VEHICLE NO. AS-11BC-7960 (TATA
SUMO))
7:MD. BABAREL CHOUDHURY
S/O JAMAL UDDIN
VILL-NEW KHAYRABAD
P.O. AND P.S.-JIRIGHAT
DIST-CACHAR
ASSAM
(DRIVER OF THE OFFENDING VEHICLE NO. AS-11BC-7960 (TATA SUMO))
------------
Advocate for : MR SISHIR DUTTA
Advocate for : appearing for MUSSTT. HALIMA BEGUM LASKAR AND 6 ORS. E
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 25.10.2021
Heard Mr. S. Dutta, learned Senior Counsel for the applicant and Mr. M.
Choudhury, learned counsel for the opposite party nos. 1 to 5/ claimants.
This is an application for stay of judgment and order dated 17.02.2020
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passed by the learned Member, Motor Accident Claims Tribunal, Cachar at
Silchar in MAC Case No. 54/2016 whereby an amount of Rs.23,38,000/- along
with interest @ 7% from the date of filing of the claim petition has been
awarded to be paid to the respondent nos. 1 to 5/claimants.
Upon hearing the learned Senior Counsel for the applicant as well as learned
counsel for the respondent nos. 1 to 5/ claimant, the impugned judgment and
order dated 17.02.2020 passed by the learned Member, Motor Accident Claims
Tribunal, Cachar at Silchar in MAC Case No. 54/2016 shall remain stayed,
subject to deposit of 75% of the awarded sum by the applicant/ appellant
insurance company before the Motor Accident Claims Tribunal, Cachar at Silchar
within a period of 6(six) weeks from today.
As and when the aforesaid amount is deposited by the applicant/ appellant
insurance company, the respondent nos. 1 to 5/ claimants would be at liberty to
file an application for withdrawal of the deposited amount before the learned
Member, Motor Accident Claims Tribunal, Cachar at Silchar which shall be
favourably considered by the said learned Tribunal.
This I.A. stands disposed of.
JUDGE
Comparing Assistant
