The New India Assurance Company ... vs Niroda Devi And 3 Ors
2022 Latest Caselaw 1424 Gua

                                                               Page No.# 1/3

GAHC010073622022




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

         I.A.(Civil)/1230/2022

         THE NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 87 MG ROAD
         FORT MUMBAI
         400001
         AND REGIONAL OFFICE AT GS ROAD
         LACHIT NAGAR
         GUWAHATI 7
         REPRESENTED BY ITS REGIONAL MANAGER
         REGIONAL OFFICE AT GUWAHATI


          VERSUS

         NIRODA DEVI AND 3 ORS.
         W/O LATE PITAMBAR NATH RESIDENT OF VILLAGE BESSARIA
         KONAIBORA CHUBURI
         PS TEZPUR
         DIST SONITPUR
         ASSAM 784166 PRESENT ADDRESS MOROWA
         PS NALBARI
         DIST NALBARI
         ASSAM 781335

         2:SRI HIRANYA KR. NATH
         W/O LATE PITAMBAR NATH
         RESIDENT OF VILLAGE BESSARIA KONAIBORA CHUBURI
          PS TEZPUR
          DIST SONITPUR
         ASSAM 784166
         PRESENT ADDRESS MOROWA
          PS NALBARI
          DIST NALBARI
         ASSAM 781335
          3:SRI JITUMONI NATH
                                                                      Page No.# 2/3

             S/O LATE PITAMBAR NATH
             RESIDENT OF VILLAGE BESSARIA KONAIBORA CHUBURI
             PS TEZPUR
             DIST SONITPUR
             ASSAM 784166
             PRESENT ADDRESS MOROWA
             PS NALBARI
             DIST NALBARI
             ASSAM 781335
             4:PRANJAL SARMA
             S/O BASANTA SARMA

             VILLAGE FULOGURI
             PS TEZPUR
             PO KHELMATI
             RANGAPARA
             DIST SONITPUR
             ASSAM 784166
             ------------
             Advocate for : MR. A DUTTA
             Advocate for : appearing for NIRODA DEVI AND 3 ORS.


                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

29-04-2022

This interlocutory application is made for stay of the judgment and award dated 26-03-2021, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari, in MAC Case No. 32(D) of 2018.

Heard Mr. A. Dutta, learned counsel representing the appellant/applicant. Considering the matter in its entirety it is directed that subject to deposit of 50% of the amount awarded vide the judgment and award dated 26-03-2021, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari, in MAC Case No. 32(D) of 2018, with the Registry of this Court within six weeks from the date of this order, all further proceedings of the impugned judgment and award aforementioned shall remain stayed.

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The respondents shall be at liberty to approach this Court for alteration/modification/vacation of the interim order granted. The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant