United India Insurance Co. Ltd vs Mukshed Ali
2021 Latest Caselaw 2539 Gua

                                                               Page No.# 1/3

GAHC010005882018




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

                             Case No : I.A.(Civil)/51/2018


         UNITED INDIA INSURANCE CO. LTD
         REGD AND HEAD OFFICE AT 24
         WHITES ROAD
         CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G S ROAD
         DISPUR
         GUWAHATI- 05


          VERSUS

         MUKSHED ALI
         S/O- LATE MANIKUDDIN
         VILL- NAMARGAON
         P.O- R M HAT
         P.S- MANKACHAR
         DIST- DHUBRI
         ASSAM
         PIN- 783131

         2:KARIMUN KHATUN
         W/O- MUKSHAD ALI
         VILL- NAMARGAON
          P.O- R M HAT
          P.S- MANKACHAR
          DIST- DHUBRI
         ASSAM
          PIN- 783131
          3:ANIL KUMAR PRASAD
         S/O- B NATH PRASAD
         VILL- LOKHRA
          P.O
          DIST- KAMRUP(M)
          GUWAHATI
                                                                       Page No.# 2/3

          ASSAM
          PIN- 781034
          4:RAM RATAN SAHA
          S/O- BABULAL SAHA
          NEAR CINEMA HALL
          BONGAIGAON
          P.O AND P.S- BONGAIGAON
          DIST- BONGAIGAON
          ASSAM
          PIN- 783380
          ------------
          Advocate for : MR. A J SAIKIA
          Advocate for : appearing for MUKSHED ALI



                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 26.10.2021

Heard Mr. G.S. Boro, learned counsel for the appellant and Mr. A.R. Agarwala, learned counsel for the respondent nos.1 and 2/claimants.

This is an application under Order 41 Rule 5 read with Section 151 of the CPC for stay of operation of the impugned judgment and award dated 24.03.2017 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No.99/2013, whereby a sum of Rs.4,15,000/- (Rupees four lakh fifteen thousand only) with interest of 9% p.a. from the date of institution of the claim petition has been awarded as compensation to be paid to the opposite party nos.1 and 2/claimants.

Upon hearing the learned counsel for the parties, the impugned judgment and award dated 24.03.2017 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No.99/2013 is stayed on deposit Page No.# 3/3

of 50% of the awarded sum before the Registry of the Court within a period of 6 (six) weeks from today.

As and when the aforesaid amount is deposited, the opposite party nos.1 and 2/claimants would be at liberty to withdraw the same on being properly identified in accordance with the procedure prescribed.

This I.A. stands disposed of.

JUDGE

Comparing Assistant