Gauhati High Court
Shriram General Insurance Co. Ltd vs Kabita Das And 8 Ors on 28 October, 2021
Page No.# 1/4
GAHC010081832021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1592/2021
SHRIRAM GENERAL INSURANCE CO. LTD.
0500-E-8
RIICO INDUSTRIAL AREA
SITAPURA
JAIPUR
RAJASTHAN-302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE
3RD FLOOR
21 JANAPATH
ULUBARI
GUWAHATI- 781007.
VERSUS
KABITA DAS AND 8 ORS.
W/O- LATE DIGANTA DAS
R/O- VILL.- DHEKENABARI
P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124.
2:KOUSIK DAS
S/O- LATE DIGANTA DAS
R/O- VILL.- DHEKENABARI
P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124.
3:MIDUTPAL DAS
S/O- LATE DIGANTA DAS
R/O- VILL.- DHEKENABARI
Page No.# 2/4
P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124.
4:SMTI. BHANU DAS
W/O- KAMALESHWAR @ KAMLESHWAR DAS
R/O- VILL.- DHEKENABARI
P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124.
5:KAMLESHWAR DAS
S/O- LATE CHANDI DAS
R/O- VILL.- DHEKENABARI
P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124. RESPONDENTS NOS. 2 AND 3 BEING MINORS ARE REP. BY
THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1.
6:SULTANA BEGUM
W/O- BIMAL KR. BARUAH
R/O- VILL.- MORIOM NAGAR
P.O. BALADMARI
P.S. AND DIST.- GOALPARA
ASSAM
PIN- 783121.
7:MAJNUR ALI
S/O- SHALAM @ SHALMAN ALI
R/O- VILL.- PAYRANGA
P.S. AND P.O. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
8:ORIENTAL INSURANCE CO. LTD.
REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI- 781007.
9:GOPAL CHOUDHURY
S/O- KAMAKHYA CHOUDHURY
R/O- DHEKENABARI NEAR ANUKUL MANDIR
P.O. AND P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781124.
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for KABITA DAS AND 8 ORS.
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 28.10.2021
Heard Ms. P. Borthakur, learned counsel for the applicant.
This is an application filed under Order XLI Rule V of the Code of Civil
Procedure, 1908 praying for stay of the operation of the judgment & award
dated 23.03.2021, passed by the learned Member, MACT, Kamrup in MAC No.
262/2018, whereby a sum of Rs.32,89,000/-(Rupees Thirty Two Lakhs Eighty
Nine Thousand only) have been awarded as a compensation to be paid to the
opposite party Nos.1 to 5/claimants.
The connected MAC appeal No.189/2021, by which appeal, the impugned
judgment & award dated 23.03.2021 passed by the learned Member, MACT,
Kamrup in MAC No. 262/2018 has been admitted for hearing by an order passed
today in the aforesaid MAC appeal.
Upon hearing the learned counsel for the applicant/appellant, the
impugned judgment & award dated 23.03.2021, passed by the learned Member,
MACT, Kamrup in MAC No. 262/2018 shall remain stayed, on deposit of 50% of
the awarded amount before the Registry of this Court, within a period of 6(six)
weeks from today. As and when the aforesaid amount is deposited, the
deposited amount may be withdrawn by the opposite party Nos.1, 4 & 5, who
are the wife and parents of the deceased, on being identified by their engaged
counsel in accordance with the procedure prescribed.
After the said amount is withdrawn, as indicated hereinabove, the same
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shall be divided amongst the opposite party Nos.1 to 5 in the manner indicated
in the impugned judgment & award dated 23.03.2021, passed by the learned
Member, MACT Kamrup in MAC No. 262/2018.
The I.A stands disposed of, in terms above.
JUDGE
Comparing Assistant
