National Insurance Company ... vs Smt. Deepashree Baruah And 5 Ors
2022 Latest Caselaw 3314 Gua

                                                              Page No.# 1/3

GAHC010040432018




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

                        Case No.: I.A.(Civil)/1359/2018

         NATIONAL INSURANCE COMPANY LIMITED.
         (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA)
         REGISTERED HEAD OFFICE AT 3
          MIDDLETON STREET
          CALCUTTA- 700071
          REPRESENTED BY THE ASSISTANT MANAGER
          GAUHATI REGIONAL OFFICE
          BHANGAGARH
          GUWAHATI-781005.


          VERSUS

         SMT. DEEPASHREE BARUAH AND 5 ORS.
         W/O. SRI SIBA PRASAD BARUAH
         VILL. KACHALUKHOWA
         P.S. SADAR
         P.O. AND DISTRICT- NAGAON
         ASSAM
         PIN-782001

         2:LAKHI KANTA KALITA
         (OWNER) S/O. LATE DEWRAM KALITA
          VILL. AND P.O. PALASHANI
          P.S. SADAR
          DIST. NAGAON
          ASSAM. PIN-782003
          3:MD. RAFIQUE
         (DRIVER) S/O. MD. ABDUL HUSSAIN
          VILL. AND P.O. WOKHA TOWN
          DIST. DIMAPUR
          NAGALAND
          PIN-797111
          4:SIBA PRASAD BARUAH
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         (OWNER)
          S/O. LATE SURENDRA NATH BARUAH
          VILL. JAPORIGOG ROAD
          HOUSE NO. 5
          GUWAHATI
          DIST. KAMRUP(M)
          ASSAM
          PIN-781005
          5:PUNESWAR DAS
         (DRIVER)
          S/O. LATE M. DAS
          VILL. MAJGAON
          DHANUA NAGAR
          TEZPUR
          DIST. SONITPUR
          ASSAM
          PIN- 784001
          6:THE BRANCH MANAGER
         NEW INDIA ASSURANCE CO. LTD
          NAGAON BRANCH
          NAGAON
          ASSAM
          PIN- 782001
          ------------

Advocate for : MS. R D MOZUMDAR Advocate for : MR. S DUTTA (R6) appearing for SMT. DEEPASHREE BARUAH AND 5 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

31.08.2022

Heard Ms. R. D. Mazumdar, the learned counsel for the appellant and Mr. Sisir Dutta, the learned senior counsel assisted by Mr. Subham Dutta, the learned counsel for the respondent No. 6.

This is an application for stay of the impugned judgment and award dated 02.02.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.512/2011.

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After hearing the learned counsel for the applicant, this Court stays the impugned judgment and award dated 02.02.2017, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.512/2011 subject to deposit of the entire amount awarded along with the interest before the Registry of this Court within 6 (six) weeks from today.

The claimant shall be entitled to withdraw the said amount by filing appropriate application before the Registry.

In view of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant