Tata Aig General Insurance Co. Ltd vs Sri Biswajit Ghosh And Anr
2022 Latest Caselaw 438 Gua

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GAHC010056652020




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

                                Case No. : MACApp./139/2020

            TATA AIG GENERAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK,
            NICOLAS PIRAMAL TOWER 9TH FLOOR, GANPATRO KADAM MARG,
            MUMBAI, PIN- 400013, ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX,
            2ND FLOOR, 11, DR. U .N. BRAHMACHARI STREET, KOLKATA- 700017 AND
            BRANCH OFFICE AT 3RD FLOOR, MAYUR GARDEN, OPP. HDFC BANK, G.S.
            ROAD, GUWAHATI- 781005.



            VERSUS

            SRI BISWAJIT GHOSH AND ANR
            S/O- SRI GOPAL GHOSH, R/O- BELAKAOBA STATION ROAD, PRASANNA
            NAGAR, P.S. BELAKAOBA (RAJGANJ), DIST.- JALPAIGURI, WEST BENGAL,
            PIN- 733134 AND TEMPORARY ADDRESS- R/O- KOKRAJHAR TOWN, WARD
            NO. 9, THANAPARA, P.O, P.S. AND DIST.- KOKRAJHAR (BTAD), ASSAM, PIN-
            783370.

            2:SHRI SANJAY DEY
             S/O- LATE BINOY BHUSAN DEY
             R/O- VILL.- SAHEB BARI
             P.O. PRASANNA NAGAR
             P.S. RAJGANJ
             DIST.- JALPAIGURI
            WEST BENGAL
             PIN- 735133

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :
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Linked Case : I.A.(Civil)/2451/2021

TATA AIG GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK
NICOLAS PIRAMAL TOWER 9TH FLOOR
GANPATRO KADAM MARG
MUMBAI
PIN- 400013
ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX
2ND FLOOR
11
DR. U .N. BRAHMACHARI STREET
KOLKATA- 700017 AND BRANCH OFFICE AT 3RD FLOOR
MAYUR GARDEN
OPP. HDFC BANK
G.S. ROAD
GUWAHATI- 781005.


VERSUS

SRI BISWAJIT GHOSH AND ANR
S/O SRI GOPAL GHOSH
R/O BELAKAOBA STATION ROAD PRASANNA NAGAR
P.S. BELAKAOBA (RAJGANJ)
DIST. JALPAIGURI
WEST BENGAL
PIN 733134
TEMPORARY ADDRESS
R/O KOKRAJHAR TOWN
WARD NO. 9
THANAPARA
P.O. AND P.S. KOKRAJHAR
DIST. KOKRAJHAR (BTAD)
ASSAM
PIN 783370

2:SANJAY DEY

S/O LATE BINOY BHUSAN DEY
 R/O VILL. SAHEB BARI
 P.O. PRASANTA NAGAR
P.S. RAJGANJ
 DIST. JALAPIGURI
 WEST BENGAL
 PIN 735133
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             ------------
             Advocate for : MR. R GOSWAMI
             Advocate for : appearing for SRI BISWAJIT GHOSH AND ANR



                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                               ORDER

Date : --09.02.2022 Heard Mr. R. Goswami, learned counsel appearing for the applicant Insurance Company. This application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 11.12.2019 passed by the learned Addl. Member, MACT (FTC), Kokrajhar in MAC Case No. 72/2018.

The learned counsel for the applicant has submitted that it is case under Section 163-A of the Motor Vehicle Act, 1988 and the claimant had suffered minor injuries and as such as per Notification dated 22.05.2018 the claimant is entitled to Rs. 25,000/-(Rupees twenty five thousand) Considering the facts and circumstance of the case the prayer for stay is allowed. Accordingly, the operation of the impugned judgment and award dated 11.12.2019 passed by the learned Addl. Member, MACT (FTC), Kokrajhar in MAC Case No. 72/2018 is stayed subject to payment of Rs. 25,000/- from the awarded amount by the Insurance Company before the Registry within 6 (six) weeks from today. The I.A.(C) is disposed of.

JUDGE

Comparing Assistant