M/S Bjaj Allianz General ... vs Kabindra Ray And 6 Ors
2022 Latest Caselaw 3080 Gua

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GAHC010169092020




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


                         Case : I.A.(Civil)/2456/2022

         M/S BJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA
         AIRPORT ROAD
         YERWADA
         PUNE- 411006 AND NORTH EASTERN REGIONAL OFFICE AT SREEJI TOWER
         2ND FLOOR
         C/ GAUHATI TEA WARE HOUSING PVT. LTD.
         ADJACENT TO MAHINDRA SHOWROOM
         CHRISTIANBASTI
         GUWAHATI
         PIN- 781005
         KAMRUP(METRO) DISTRICT
         ASSAM. (REP. BY ITS LEGAL OFFICER
         CLAIMS DEPARTMENT
         SRI NAYAN CHOUDHURY.


          VERSUS

         KABINDRA RAY AND 6 ORS.
         S/O- SRI JIWET RAY

         2:SMTI. SITA DEVI
         W/O- LATE JAGINDRA RAY
          3:SMTI. ETOWARI DEVI
         W/O- JIWET RAY
          4:SRI MINTO RAY
         S/O- LATE JAGINDRA RAY
          5:SMTI. MISA KUMARI RAY
         D/O- LATE JAGINDRA RAY
          6:SRI AKASH RAY
         S/O- LATE JAGINDRA RAY
          (RESPONDENT NOS. 1 TO 6 ARE PERMANENT RESIDENT OF VILLAGE-
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            GORAH KARNAL
            P.O. SAHEBGANJ
            PIN- 843125
            DIST.- MOJAFARPUR
            BIHAR AND RESPONDENT NOS. 4
            5 AND 6 BEING MINOR ARE REP. BY THEIR MOTHER SMTI SITA DEVI
            RESPONDENT NO. 2).
            7:KASHI RAM CHOUDHURY
            M/S. KASHI RAM CHOUDHURY AND CO. LTD.
            OFFICE ADDRESS- ABHAYPUR
            NORTH GUWAHATI
            PIN- 781031
            DIST.- KAMRUP
            ASSAM AND PERMANENT RESIDENT OF BOKAKHAT TOWN
            NEAR POLICE POINT
            P.O. BOKAKHAT
            PIN- 785612
            DIST.- GOLAGHAT
            ASSAM.
            ------------
            Advocate for : MR. P HAZARIKA
            Advocate for : appearing for KABINDRA RAY AND 6 ORS.



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 18.08.2022 Heard Mr. P, Hazarika, learned counsel for the appellant/ Insurance Company.

This interlocutory application has been filed for stay of the impugned judgment and award dated 19.11.2019, passed by the learned Member, Motor Accident Claims Tribunal, Darrang, Mongaldloi, in MAC (D) Case No. 343/2013

As the connected appeal is admitted for hearing and after hearing the learned counsels for the both sides, the operation of the impugned judgment and award dated 19.11.2019, passed by the learned Member, Motor Accident Claims Tribunal, Darrang, Mongaldloi, in MAC (D) Case No. 343/2013 is hereby stayed subject to payment of the 50% of the awarded amount by the Insurance Company to the Registry of this Court within six weeks from today.

The claimant/ respondents are at liberty to withdraw the said amount after proper Page No.# 3/3

verification by the learned counsel.

The I.A. stands disposed of.

JUDGE

Comparing Assistant