The United India Insurance ... vs Jahirul Islam And 3 Ors
2022 Latest Caselaw 1437 Gua

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GAHC010073652022




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

         I.A.(Civil)/1231/2022

         THE UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI 600014 AND REGIONAL OFFICE AT CHIBBER HOUSE
         GS ROAD, GUWAHATI 5
         REPRESENTED BY ITS REGIONAL MANAGER
         REGIONAL OFFICE, GUWAHATI


          VERSUS

         JAHIRUL ISLAM AND 3 ORS.
         S/O GANI MOHAMMAD
          VILLAGE MAJRABARI PT 1
          O BHOLATOL, PS BIJNI
          DIST CHIRANG
         BTAD, ASSAM 783390

         2:SRI PRAKASH KR. GUPTA
         S/O SURAJ PD GUPTA
         C/O ABHISHEK MOTORS PVT. LTD. MRD ROAD SILPUKHURI
          GUWAHATI
          KAMRUP M ASSAM 781003

         3:SRI SUBODH GUPTA
         S/O PRAKASH GUPTA
         VILLAGE NORTH BONGAIGOAN
          PO AND PS BONGAIGAON
         ASSAM. 783380
          DIST BONGAIGAON, ASSAM

         4:THE DIVISIONAL MANAGER
         NATIONAL INSURANCE CO. LTD. BONGAIGAON ASSAM 783380

         Advocate for : MR. A DUTTA
         Advocate for : appearing for JAHIRUL ISLAM AND 3 ORS.
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                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                        ORDER

29-04-2022

This interlocutory application is made for stay of the judgment and award dated 21-12-2021, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 118 of 2017.

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 21-12-2021, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 118 of 2017, 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.

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