New India Assurance Company Ltd vs Mrs. Hirumoni Chetia And 3 Ors
2022 Latest Caselaw 3225 Gua

                                                                      Page No.# 1/2

GAHC010039852019




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

                          Case No. : I.A.(Civil)/2543/2022


         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING 87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI- 400001 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         BHANGAGARH
         GUWAHATI- 781005 AND VARIOUS DIVISIONAL BRANCH AND MICRO
         OFFICES THROUGHOUT THE COUNTRY.


          VERSUS

         MRS. HIRUMONI CHETIA AND 3 ORS.
         W/O- LATE KHIROD CHETIA.

         2:SRI RITUPARNA CHETIA
         S/O- LATE KHIROD CHETIA
          3:SRI JITU CHETIA
         S/O- LATE KHIROD CHETIA
         ALL ARE RESIDENT OF VILL.- PANIMUDI GAON
          TAMULIKHAT
          P.O. AND P.S. TENGAKHAT
          DIST.- DIBRUGARH
         ASSAM
          PIN- 786103. (OPPOSITE PARTIES NO. 2 AND 3 WILL BE REP. BY OPPOSITE
         PARTY NO. 1).
          4:SRI BHAKTI NATH GOGOI
         S/O- SRI DULAL GOGOI
          R/O- DEOGHARIA VILLAGE
          TENGAKHAT
          P.O. LENGRAI
          DIST.- DIBRUGARH
         ASSAM
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             PIN- 786103. (OWNER CUM DRIVER OF THE VEHICLE NO. AS-06/G-5794).
             ------------
             Advocate for : MR. A J SAIKIA
             Advocate for : MR. B BARUAH appearing for MRS. HIRUMONI CHETIA AND 3
             ORS.



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                            ORDER

Date : 25.08.2022

In view of admission of MAC Appeal No. 569/2022, the operation of the judgment and order dated 07.08.2018 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, Assam, in MAC Case No. 97/2013, shall remain stayed till disposal of the appeal, subject to the condition that 50% of the awarded amount or Rs.28,00,000/- (Rupees Twenty Eight Lakhs) as agreed by the appellant/Insurance Company will be deposited before the Registry of this Court.

The respondent Nos. 2 and 3 seem to be minors, so, out of the deposited amount, let Rs.5,00,000/- (Rupees Five Lakhs) each be deposited in any nationalized Bank in respect of the respondents No. 2 and 3 till they attain their majority and the claimant/respondent no. 1 is at liberty to withdraw the rest of the amount i.e. Rs.18,00,000/- (Rupees Eighteen Lakhs) only from the Registry of this Court on proper identification and verification.

In respect of the respondent Nos. 2 and 3, relevant documents in support of their age be provided to Registry for doing the needful.

The appeal be listed after six weeks subject to the deposit of Rs.28,00,000/- (Rupees Twenty Eight Lakhs).

I.A. stands disposed of.

JUDGE

Comparing Assistant