Reliance General Insurance ... vs Smti Sangita Devi And 5 Ors
2022 Latest Caselaw 3132 Gua

                                                               Page No.# 1/3

GAHC010056442016




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

                        Case No. : I.A(Civil) 2489/2022


         RELIANCE GENERAL INSURANCE CO.LTD.
         HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE
         WALCHAND HIRACHAND MARG
         BALLARD ESTATE
         MUMBAI 400001 AND ONE OF ITS BRANCH OFFICE AT ANIL PLAZA
         5TH FLOOR
         G.S. ROAD
         GUWAHATI 781005


          VERSUS

         SMTI SANGITA DEVI and 5 ORS
         W/O LATE DHARMENDRA SINGH
         R/O VILL. TEJGANJ
         HERDHAN PALU
         RAVIDRA NAGAR
         P.S. DIST. ARDHAMAN
         WEST BENGAL

         2:MISS JUHI KUMARI RANI
         D/O LATE DHARMENDRA SINGH
          R/O VILL. TEJGANJ
          HERDHAN PALU
          RAVIDRA NAGAR
          P.S. BARDHAMAN
          DIST. BARDHAMAN
         WEST BENGAL.

         3:MASTER HIMANSHU KUMAR
         S/O LATE DHARMENDRA SINGH
         R/O VILL. TEJGANJ
         HERDHAN PALU
         RAVIDRA NAGAR
                                                                            Page No.# 2/3

            P.S. BARDHAMAN
            DIST. BARDHAMAN
            WEST BENGAL.

            4:MASTER SUMANSHU KUMAR
            S/O LATE DHARMENDRA SINGH
            R/O VILL. TEJGANJ
            HERDHAN PALU
            RAVIDRA NAGAR
            P.S. BARDHAMAN
            DIST. BARDHAMAN
            WEST BENGAL.

            5:MD. ANSAR
            TOP GATE
            KOHIMA
            NAGALAND 797001
            6:RAVIUL HAQUE
            S/O ALTAF HUSSAIN
            KHAGRA
            P.O.-KISHANGANJ
            BIHAR
            ------------
            Advocate for : MR J JOHN
            Advocate for : MR. T J MAHANTA appearing for SMTI SANGITA DEVI and 5 ORS



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

Date : 22.08.2022

Heard Mr. KK Bhatta, learned counsel for the applicant.

This is an application for stay of the operation of the judgment and award dated 02.06.2016 passed by the learned Member, MACT, Kamrup in MAC Case No.870/2012.

The operation of the impugned judgment and award dated 02.06.2016 passed by the learned Member, MACT in MAC Case No.870/2012 is stayed subject to deposit of 50% of the awarded amount before the Registry of this Court within six weeks from today. The Page No.# 3/3

judgment of the Trial Court reveals that there are 3 (three) children of the claimant and hence, out of the 50% of the awarded amount, Rs. 1,00,000/- (one lakhs) each shall be fixed deposited for the three minor children in any Nationalized Bank till they attain majority and submit necessary documents regarding the Fixed Deposit before the Registry of this Court.

The claimant shall withdraw the rest of the amount by filing appropriate application before the Registry of this Court. The amount so deposited by the Insurance Company may be released to the claimants after proper identification.

The I.A stands disposed of.

JUDGE

Comparing Assistant