Mustt. Hawarun Nessa vs National Insurance Company ...
2022 Latest Caselaw 595 Gua

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GAHC010032462022




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

                                Case No. : I.A.(Civil)/399/2022

            MUSTT. HAWARUN NESSA
            W/O- LATE MOTAHIR ALI, R/O- VILL.- KACHARIPARA, P.S. DOBOKA, DIST.-
            NAGAON, ASSAM.



            VERSUS

            NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS
            HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF THE REGIONAL
            OFFICES AT G.S. ROAD, GUWAHATI., PIN-781005.

            2:MD. SOFIKUDDIN AHMED
             S/O- USUF ALI
             R/O- VILL.- BATIPORIAGAON
             P.O. BATIPORIA
            VIA B.B. GAON
             P.S. AND DIST.- GOLAGHAT
            ASSAM
             PIN- 785615.

            3:MD. SAIDUL ISLAM
             S/O- MD. MAHMADUR RAHMAN @ MAHMUD ALI
             R/O- VILL.- BATIPORIAGAON
             P.O. BATIPORIA
            VIA B.B. GAON
             P.S. AND DIST.- GOLAGHAT
            ASSAM
             PIN- 785615

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. S.S. SHARMA
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 21-02-2022

Heard Mr. M. Talukdar, learned counsel for the applicant and Ms. L. Sarma, learned counsel for the respondent Insurance Company.

This application has been filed praying for some correction in the order dated 15.12.2021 passed in I.A. (Civil) 2141/2021 arising out of MAC Appeal No. 331/2021.

It has been stated that in that order, the judgment and award dated 31.03.2017 passed by the learned MACT, Nagaon in MAC Case No. 132/2015 shall remain stayed till disposal of the MAC Appeal No. 331/2021 subject to deposit of Rs. 3,00,000/-, which was already deposited in the Registry.

Mr. Talukdar submits that the aforesaid amount was not deposited as mentioned in the order. In fact, the direction should have been given to the Insurance Company to deposit Rs. 3,00,000/-.

Ms. Sarma also agrees to the submission of Mr. Talukdar.

Accordingly, the order stands corrected.

The Insurance Company is directed to deposit Rs. 3,00,000/- in the Registry of this Court within next four weeks from today and the claimant/applicant shall be at liberty to withdraw the said amount upon proper identification.

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This order shall form part of the order dated 15.12.2021 passed in I.A. (Civil) No. 2141/2021.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant