Bajaj Allianz General Insurance ... vs Usha Borah And 3 Ors
2022 Latest Caselaw 685 Gua

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GAHC010023102022




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

                         Case No. : MACApp./89/2022

         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA,
         AIRPORT ROAD, YERAWADA, PUNE 411006 AND ITS LOCAL OFFICE AT
         SREEJI TOWER, 3RD FLOOR (ADJACENT TO MAHINDRA SHOW ROOM)
         CHRISTIAN BASTI , GUWAHATI 781005 AND IS REPRESENTED BY ITS
         BRANCH MANAGER AS OP NO. 2 IN MAC CASE NO. 360/2018



         VERSUS

         USHA BORAH AND 3 ORS.
         W/O LATE BAKUL BORAH,
         RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA, HS
         SCHOOL PLAYGROUND, PO AND PS JAKHALABANDHA, DIST NAGAON
         (ASSAM) 782136

         2:SRI TAPAJYOTI BORAH
          S/O LATE BAKUL BORAH

         RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
         HS SCHOOL PLAYGROUND
         PO AND PS JAKHALABANDHA
         DIST NAGAON (ASSAM) 782136

         3:MISS MOMI BORAH
          D/O LATE BAKUL BORAH

         RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
         HS SCHOOL PLAYGROUND
         PO AND PS JAKHALABANDHA
         DIST NAGAON (ASSAM) 782136

         4:SRI SAURAV JYOTI HAZARIKA
                                                                  Page No.# 2/3

             S/O SRI HARI CHARAN HAZARIKA

            RESIDENT OF VILLAGE DHEKIALGAON
            PS JAKHALABANDHA
            DIST NAGAON
            ASSAM
            782136
            OWNER CUM DRIVER OF THE VEHICLE BR V/1.5 S MT MODE

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/428/2022

            BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA
            AIRPORT ROAD
            YERAWADA
            PUNE 411006 AND ITS LOCAL OFFICE AT SREEJI TOWER
            3RD FLOOR (ADJACENT TO MAHINDRA SHOW ROOM) CHRISTIAN BASTI
            GUWAHATI 781005 AND IS REPRESENTED BY ITS BRANCH MANAGER AS
            OP NO. 2 IN MAC CASE NO. 360/2018


             VERSUS

            USHA BORAH AND 3 ORS.
            W/O LATE BAKUL BORAH
            RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
            HS SCHOOL PLAYGROUND
            PO AND PS JAKHALABANDHA
            DIST NAGAON (ASSAM) 782136

            2:SRI TAPAJYOTI BORAH
            S/O LATE BAKUL BORAH

            RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
            HS SCHOOL PLAYGROUND
            PO AND PS JAKHALABANDHA
            DIST NAGAON (ASSAM) 782136
            3:MISS MOMI BORAH
            D/O LATE BAKUL BORAH
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            RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
            HS SCHOOL PLAYGROUND
            PO AND PS JAKHALABANDHA
            DIST NAGAON (ASSAM) 782136
            4:SRI SAURAV JYOTI HAZARIKA
            S/O SRI HARI CHARAN HAZARIKA

            RESIDENT OF VILLAGE DHEKIALGAON
            PS JAKHALABANDHA
            DIST NAGAON
            ASSAM
            782136
            OWNER CUM DRIVER OF THE VEHICLE BR V/1.5 S MT MODEL
            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for USHA BORAH AND 3 ORS.



                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 25.02.2022.

Heard Mr. R. Goswami, learned counsel appearing for the applicant.

Since the connected appeal has been admitted for hearing, the judgment and award dated 16.11.2021 passed by the learned Member, MACT, Nagaon in MAC case No. 360/2018, shall remain stayed till disposal of the appeal, subject to deposit of 50% of the awarded amount to be deposited in the Registry within the next 6(six) weeks.

The I/A stands disposed of accordingly.

JUDGE

Comparing Assistant