The United India Insurance Co. Ltd vs Sumitra Devi And 8 Ors
2022 Latest Caselaw 1346 Gua

                                                              Page No.# 1/4

GAHC010253962018




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

                                 Case No. :
                            I.A.(Civil)/3932/2018

         THE UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT GS ROAD
         GUWAHATI
         DIST KAMRUP ASSAM
         REPRESENTED BY ITS REGIONAL MANAGER


          VERSUS

         SUMITRA DEVI AND 8 ORS
         W/O LATE DINESH PANJIYAR PERMANENT RESIDENT OF 92 COL.
         CHERAUT
         TOWN CHORAUT
         ANCHAL-CHORAUT
         DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
         ROAD
         ULUBARI
         PS PALTAN BAZAAR
         GUWAHATI-781007
         DIST KAMRUP M

         2:NIDHI KUMARI
         D/O LATE DINESH PANJIYAR
         TO BE REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMTI
         SUMITRA DEVI.
         PERMANENT RESIDENT OF 92 COL. CHERAUT
         TOWN CHORAUT
         ANCHAL-CHORAUT
          DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
         ROAD
          ULUBARI
          PS PALTAN BAZAAR
          GUWAHATI-781007
                                                     Page No.# 2/4

DIST KAMRUP M
3:CHANDAN KUMAR
S/O LATE DINESH PANJIYAR
TO BE REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMTI
SUMITRA DEVI.
PERMANENT RESIDENT OF 92 COL. CHERAUT
TOWN CHORAUT
ANCHAL-CHORAUT
DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
ROAD
ULUBARI
PS PALTAN BAZAAR
GUWAHATI-781007
DIST KAMRUP M
4:GUNJA KUMARI
D/O LATE DINESH PANJIYAR
TO BE REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMTI
SUMITRA DEVI.
PERMANENT RESIDENT OF 92 COL. CHERAUT
TOWN CHORAUT
ANCHAL-CHORAUT
DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
ROAD
ULUBARI
PS PALTAN BAZAAR
GUWAHATI-781007
DIST KAMRUP M
5:SASHI RANJAN
S/O LATE DINESH PANJIYAR
TO BE REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMTI
SUMITRA DEVI.
PERMANENT RESIDENT OF 92 COL. CHERAUT
TOWN CHORAUT
ANCHAL-CHORAUT
DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
ROAD
ULUBARI
PS PALTAN BAZAAR
GUWAHATI-781007
DIST KAMRUP M
6:RAJANANDAN PANJIYAR
S/O LATE JINIS PANJIYAR

PERMANENT RESIDENT OF 92 COL. CHERAUT
TOWN CHORAUT
ANCHAL-CHORAUT
DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
ROAD
                                                                          Page No.# 3/4

         ULUBARI
         PS PALTAN BAZAAR
         GUWAHATI-781007
         DIST KAMRUP M
         7:SHANTI DEVI
         W/O RAJANANDAN PANJIYAR

         PERMANENT RESIDENT OF 92 COL. CHERAUT
         TOWN CHORAUT
         ANCHAL-CHORAUT
          DIST SITAMARHI BIHAR AND PRESENTLY RESIDING AT BARTHAKUR MILL
         ROAD
          ULUBARI
          PS PALTAN BAZAAR
          GUWAHATI-781007
          DIST KAMRUP M
          8:SRI SANKAR KUMAR
         S/O RAM KT. SINGH
         PATHAR QUARY
          NARENGI
          PS NOONMATI. DIST KAMRUP M
         ASSAM
          9:SURESH MOHAN SINGH
         S/O DIPLAL SINGH

         KAMLABAGAN
         PS NOONMATI
         GUWAHATI
         KAMRUP M ASSAM
         ------------
         Advocate for : MR. A BARKATAKI
         Advocate for : MR. S K JAIN (R1-R7) appearing for SUMITRA DEVI AND 8 ORS



                                BEFORE
                    HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 25.04.2022

Heard Mr. A. Barkataki, learned counsel for the applicant and Mr. B. K. Jain, learned counsel for the respondents No.1 to 7.

This is an application praying for stay of the operation of the impugned judgment and award, dated 10.01.2018, passed by the Page No.# 4/4

learned Member, MACT No.2, Kamrup(M) in MAC Case No. 713/2015, whereby an amount of Rs.26,50,480/-(Rupees Twenty Six lakhs fifty thousand four hundred eighty only) along with an interest of 6% per annum have been awarded as compensation to be paid to the claimants.

Having heard the learned counsels appearing for the parties, it is provided that the impugned judgment and award, dated 10.01.2018, passed by the learned Member, MACT No.2, Kamrup(M) in MAC Case No. 713/2015, shall remain stayed subject to the applicant/appellant depositing 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 respondent No. 1/Smti. Sumitra Devi and respondent No.7/Smti. Shanti Devi, shall be at liberty to withdraw the deposited amount from the Registry of this Court, on being identified by the engaged counsel and also by following the procedure prescribed for such withdrawal issued from time to time by the Registry of this Court.

After the aforesaid amount is withdrawn by the respondents No.1 and 7, the same shall be apportioned in terms of the judgment and award, dated 10.01.2018, passed by the learned Member, MACT No.2, Kamrup(M) in MAC Case No. 713/2015.

The I.A. stands disposed of in terms of above.

JUDGE

Comparing Assistant