The Iffko-Tokia General ... vs Maina Gupta And 5 Ors. (A)
2022 Latest Caselaw 477 Gua

                                                          Page No.# 1/3

GAHC010133802019




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

             I.A.(Civil)/307/2022

         THE IFFKO-TOKIA GENERAL INSURANCE COMPANY LTD.
         - HAVING ITS REGD. AND H.O. AT IFFCO SADAN
          DISTRICT CENTRE
          SAKET
          NEW DELHI 110017
          CUSTOMER SERVICE CENTRE AT 42A
          SHAKESPEARE SARANI
          EXPRESS TOWER 3RD FLOOR
          FLAT NO. 3A
          KOLKATA- 700017 AND AN OFFICE AT RUKMINI GAON
          KAMRUP(M)
          ASSAM. GUWAHATI-5.


          VERSUS

         MAINA GUPTA AND 5 ORS. (A)
         W/O LT. MAHENDRA GUPTA
         R/O- VILL. YAKUBPUR
         P.O. YAKUBPUR
         P.S. RANIPUR
         DIST. MAU
         UTTAR PRADESH
         PIN CODE- 276402.

         2:SURAJ GUPTA
         S/O LT. MAHENDRA GUPTA
          R/O- VILL. YAKUBPUR
          P.O. YAKUBPUR
          P.S. RANIPUR
          DIST. MAU
          UTTAR PRADESH
          PIN CODE-276402.
          3:NEHA GUPTA
                                                                                        Page No.# 2/3

             D/O LT. MAHENDRA GUPTA
              R/O- VILL. YAKUBPUR
              P.O. YAKUBPUR
              P.S. RANIPUR
              DIST. MAU
              UTTAR PRADESH
              PIN CODE-276402.
              4:RAJA GUPTA
             S/O LT. MAHENDRA GUPTA
              R/O- VILL. YAKUBPUR
              P.O. YAKUBPUR
              P.S. RANIPUR
              DIST. MAU
              UTTAR PRADESH
              PIN CODE-276402. RESPONDENT NOS. 2 TO 4 BEING MINORS ARE
             REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT
             NO. 1.
              5:M/S H.P. CARGO MOVERS PVT
             16/5 MATHURA ROAD
              DISTRICT- FARIDABAD
              HARYANA
              PIN CODE- 121001. (OWNER OF VEHICLE NO. HR-38-N-8249 (TRUCK)).
              6:RAM BACHAN RAM
             S/O LT. RAJAI RAM
              R/O VILL. YAKUBPUR
              P.O. YAKUBPUR
              P.S. RANIPUR
              DIST. MAU
              UTTAR PRADESH
              PIN CODE- 276402. (DRIVER OF VEHICLE NO. HR-38-N-8249 (TRUCK)).
              ------------
             Advocate for : MR. R GOSWAMI
             Advocate for : MR D MONDAL appearing for MAINA GUPTA AND 5 ORS. (A)



                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                              ORDER

11.02.2022

Heard Mr. R. Goswami, learned counsel representing the applicant as well as Mr. D. Mondal, learned counsel appearing for the respondents/claimant nos. 1,2, 3 and 4.

Since the connected appeal is admitted for hearing, the operation of the Judgment and Award Page No.# 3/3

dated 08.03.2019 passed by the Member, MACT No. 3, Kamrup (M) in MAC Case No. 90/2016 shall remain stayed till disposal of the appeal subject to deposit of Rs.10,00,000/- (Rupees Ten Lakhs) in the Registry of the Gauhati High Court by the Insurance Company in next 6 (six) weeks.

Further, the respondents/claimant nos. 1,2,3 and 4 shall be a liberty to withdraw the aforesaid amount from the Registry on proper identification. However, it is made clear that while disbursing Rs.10,00,000/- as stated above, the 50% of the said amount shall be kept as fixed deposit in the names of the claimant nos. 1,2,3 and 4 jointly.

The IA(C) stands disposed of.

JUDGE

Comparing Assistant