New India Assurance Company ... vs Sri Shiva Nath Dahutia And 2 Ors
2022 Latest Caselaw 408 Gua

                                                                  Page No.# 1/3

GAHC010004342019




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

                                Case No. : MACApp./329/2021

            NEW INDIA ASSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
            87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
            OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 781005



            VERSUS

            SRI SHIVA NATH DAHUTIA AND 2 ORS
            S/O LATE PADMESWAR DAHUTIA, RESIDENT OF NO. 1 CHELLENGURI, PO
            CHELLENGURI PS KAKOPATHAR, DIST TINSUKIA, ASSAM, 786125

            2:MR. SHAMBHU CHOUDHURY
             S/O LATE DINANATH CHOUDHURY
            RESIDENT OF KAKOPATHAR MAIN ROAD
             PO AND PS KAKOPATHAR
             DIST TINSUKIA
            ASSAM
             786152
            OWNER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE)

            3:MR. UJJAL SUTRADHAR
             S/O SRI RATAN SUTRADHAR

            RESIDENT OF KAKOPATHAR SEUJPUR
            PO AND PS KAKOPATHAR
            DIST TINSUKIA
            ASSAM
            786152
            DRIVER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE

Advocate for the Petitioner   : MR. K K BHATTA
                                                                          Page No.# 2/3

Advocate for the Respondent : MR S ISLAM (R-2)




            Linked Case : I.A.(Civil)/2135/2021

           NEW INDIA ASSURANCE COMPANY LIMITED
           HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
           MAHATMA GANDHI ROAD
           MUMBAI AND ONE OF THE REGIONAL OFFICE AT GS ROAD
           BHANGAGARH
           GUWAHATI 781005


            VERSUS

           SRI SHIVA NATH DAHUTIA AND 2 ORS
           S/O LATE PADMESWAR DAHUTIA
           RESIDENT OF NO. 1 CHELLENGURI
           PO CHELLENGURI PS KAKOPATHAR
           DIST TINSUKIA
           ASSAM
           786125

           2:MR. SHAMBHU CHOUDHURY
           S/O LATE DINANATH CHOUDHURY
           RESIDENT OF KAKOPATHAR MAIN ROAD
            PO AND PS KAKOPATHAR
            DIST TINSUKIA
           ASSAM
            786152
           OWNER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE)
            3:MR. UJJAL SUTRADHAR
           S/O SRI RATAN SUTRADHAR

           RESIDENT OF KAKOPATHAR SEUJPUR
           PO AND PS KAKOPATHAR
           DIST TINSUKIA
           ASSAM
           786152
           DRIVER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE)
           ------------
           Advocate for : MR. K K BHATTA
           Advocate for : MR S ISLAM appearing for SRI SHIVA NATH DAHUTIA AND 2
           ORS
                                                                                   Page No.# 3/3




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : --08.02.2022

Heard Mr. K.K. Bhatta, learned counsel for the appellant. Also heard Mr. H. Das, the learned counsel appearing for the respondent/claimant.

Through this Interlocutory Application the applicant prays to stay the operation of the impugned judgment and award dated 20.08.2018, passed by the learned Member, MACT Tinsukia in MAC Case No. 86/2016.

Accordingly, prayer is allowed.

Operation of the impugned judgment and award dated 20.08.2018, passed by the learned Member, MACT Goalpara in MAC Case No. 86/2016 is stayed subject to payment of 50% of the awarded amount of compensation by the Insurance Company before the Registry of this Court.

I.A stands disposed of.

JUDGE

Comparing Assistant