National Insurance Company Ltd vs Rupali Pujari And 3 Ors
2022 Latest Caselaw 1318 Gua

                                                               Page No.# 1/4

GAHC010068502022




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

                        Case No. : MACApp./188/2022

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,KOLKATA
         AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE AT GS ROAD, BHANGAGARH GUWAHATI 05



         VERSUS

         RUPALI PUJARI AND 3 ORS.
         W/O LATE ABHIJIT PUJARI,
         RESIDENT OF NO. 4 MAKUMPOTHAR, PO MARGHERITA, DIST TINSUKIA,
         ASSAM, 786187

         2:SMTI RUNU PUJARI
         W/O SHIV PUJARI
         RESIDENT OF NO. 4 MAKUMPOTHAR
          PO MARGHERITA
          DIST TINSUKIA
         ASSAM
          786187

         3:SRI RUPJYOTI BORTHAKUR
          S/O PRAFULLA BORTHAKUR
         RESIDENT OF JYOTIPUR OF BOKAKHAT TOWN
          PO BOKAKHAT
          DIST GOLAGHAT
         ASSAM
          785612

         4:SRI RANTUMONI BORAH
          S/O DANDADHAR BORAH
         RESIDENT OF JYOTIPUR OF BOKAKHAT TOWN
          PO BOKAKHAT
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             DIST GOLAGHAT
             ASSAM
             78561

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/1167/2022

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT 3
            MIDDLETON STREET
            KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
            REGIONAL OFFICE AT GS ROAD
            BHANGAGARH GUWAHATI 05


             VERSUS

            RUPALI PUJARI AND 3 ORS.
            W/O LATE ABHIJIT PUJARI
            RESIDENT OF NO. 4 MAKUMPOTHAR
            PO MARGHERITA
            DIST TINSUKIA
            ASSAM
            786187

            2:SMTI RUNU PUJARI
            W/O SHIV PUJARI
            RESIDENT OF NO. 4 MAKUMPOTHAR
             PO MARGHERITA
             DIST TINSUKIA
            ASSAM
             786187
             3:SRI RUPJYOTI BORTHAKUR
            S/O PRAFULLA BORTHAKUR
            RESIDENT OF JYOTIPUR OF BOKAKHAT TOWN
             PO BOKAKHAT
             DIST GOLAGHAT
            ASSAM
             785612
             4:SRI RANTUMONI BORAH
                                                                              Page No.# 3/4

             S/O DANDADHAR BORAH
             RESIDENT OF JYOTIPUR OF BOKAKHAT TOWN
             PO BOKAKHAT
             DIST GOLAGHAT
             ASSAM 785612
             ------------
             Advocate for : MR. K K BHATTA
             Advocate for : appearing for RUPALI PUJARI AND 3 ORS.


                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

20-04-2022

Mr. K.K. Bhatta, learned counsel represents the appellant/applicant. The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

The appellant-applicant shall, within seven days from today, take steps for service of notice upon the respondents by registered post with A/D Card as well as under usual process.

Considering the matter in its entirety it is hereby directed that subject to deposit of 40% of the amount awarded vide the judgment and award dated 27-09- 2021, passed by the learned Member, Motor Accident Claims Tribunal, Golaghat, in MAC Case No. 38 of 2015, with the Registry of this Court, all further proceedings of the impugned judgment and award aforementioned shall remain stayed till the matter is listed in the second week of June, 2022.

The respondents shall be at liberty to approach this Court for alteration/modification/vacation of the interim order granted. In the event the amount is deposited, the same be released in favour of the claimants/respondents subject to furnishing of indemnity bond of equivalent Page No.# 4/4

amount.

List this appeal together with the connected I.A. (Civil) No. 1167/2022 in the second week of June, 2022 after receipt of the LCR and service of notice is complete.

JUDGE

Comparing Assistant