The Bharati Axa General Insurance ... vs Smti Runuka Das And 2 Ors
2022 Latest Caselaw 2743 Gua

Citation : 2022 Latest Caselaw 2743 Gua
Judgement Date : 4 August, 2022

Gauhati High Court

The Bharati Axa General Insurance ... vs Smti Runuka Das And 2 Ors on 4 August, 2022

                                                                Page No.# 1/2

GAHC010169282017




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



          I.A.(Civil)/2248/2022

         THE BHARATI AXA GENERAL INSURANCE CO. LTD.
         HAVING ITS HEAD OFFICE AT FIRST FLOOR
         THE FARMS ICON
         SURVEY NO. 28 NEXT TO AKME BALLET
         DODDANKUNDI VILL.
         K.R. PURAM
         HOBLI
         BANGALORE 560037 AND ITS REGIONAL OFFICE AT 49
         SAKHARAM GANESH DAUSKAR SARANI
         TOWNSHEND ROAD
         KOLKATA-700025


          VERSUS

         SMTI RUNUKA DAS and 2 ORS

         W/O LATE LILADHAR DAS
         R/O VILL. SONESWAR
         P.S. KAMALPUR
         DIST. KAMRUP
         ASSAM
         781380

         2:DHANESWAR DAS

         S/O LATE JADAV DAS
         C/O DINESH KR. BASUMATARY
         R/O VILL. DANGPARA
         BORGHULI
         DIST. KAMRUP
         ASSAM 781354 OWNER OF THE VEHICLE NO. AS-01/CC-2573 WINGER
                                                                                 Page No.# 2/2

            3:KAMALESWAR DAS

            S/O SRI AKSHAY KR. DAS
            R/O VILL. ROUMARI
            P.S. BARPETA ROAD
            DIST. BARPETA
            ASSAM
            PIN 781301 DRIVER OF THE VEHICLE NO. AS-01/CC-2573 WINGER
            ------------

Advocate for : MR. R GOSWAMI Advocate for : appearing for SMTI RUNUKA DAS and 2 ORS

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

04.08.2022

Heard Mr. R. Goswami, learned counsel appearing for the appellant and none appears for the respondent nos. 1 and 3.

The applicant/petitioner has preferred this application under Order XLI Rule 5 CPC praying for stay of the operation of the impugned judgment and Award dated 01.12.2016 in MAC Case No. 1375/2010 passed by the learned Member, Motor Accidents Claims Tribunal No. 3, Kamrup (M).

As the appeal is admitted, prayer for stay of the operation of the impugned judgment is allowed subject to payment of 50% of the awarded amount in favour of the claimants to be deposited by the Insurance Company before the Registry within 8(eight) weeks from today.

The claimants are allowed to withdraw the same.

The I.A. stands disposed of.

JUDGE

Comparing Assistant