National Insurance Co. Ltd vs Atul Saikia And 5 Ors
2022 Latest Caselaw 2393 Gua

                                                               Page No.# 1/3

GAHC010001762016




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

                     Case No.: I.A.(Civil)/2036/2022

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGD. OFFICE AT KOLKATA AND ONE OF THE REGIONAL
         OFFICES AT G.S. ROAD
         GUWAHATI.


          VERSUS

         ATUL SAIKIA and 5 ORS
         S/O LATE RAMESWAR SAIKIA
         R/O DULIAJAN
         P.S. DULIAJAN
         DIST. DIBRUGARH
         ASSAM

         2:RAMJAN ALI
         S/O LATE T. ALI
          R/O DIRIA TEA ESTATE
          P.O. HOOGRIJAN
          DIST. DIBRUGARH
         ASSAM.
          3:KUMUD HAZARIKA
         S/O LATE B.N. HAZARIKA
          R/O CIVIL ENGINEERING
          DEPT.
          OIL DULIAJAN
          DIST. DIBRUGARH
         ASSAM.
          4:RANJIT KR. BARUAH
         S/O LATE N.R. BARUAH
          R/O TINGRAI COLONY
          DULIAJAN
          P.O. DULIAJAN
          DIST. DIBRUGARH
                                                                         Page No.# 2/3

          ASSAM.
          5:RAHUL KR. BARUAH

         S/O SRI RANJIT KR. BARUAH
         R/O DIGBOI NO. 1 GULAI
         P.O. DIGBOI
         DIST. TINSUKIA
         ASSAM.
         6:UNITED INDIA INSURANCE CO. LTD.
         MANAGER
         DULIAJAN BRANCH
         DIST. DIBRUGARH
         ASSAM.
         ------------

Advocate for : MR S S SHARMA Advocate for : MR S M ABDULLAH P appearing for ATUL SAIKIA and 5 ORS

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

20.07.2022

Heard Mr. H. Buragohain, the learned counsel for the applicant and Mr. A. Sarma, the learned counsel for the respondent No.1.

This is an application for stay of the judgment and award dated 06.01.2015 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.08/2013.

The learned counsel for the applicant submits that the medical expenses having been reimbursed to the claimants by the Oil India Limited, the said expenses could not have been a part of the award. However, admits to the remaining part of the said award.

Consequently, this Court therefore stays the impugned judgment and award dated 06.01.2015 passed by the learned Member, Motor Accident Page No.# 3/3

Claims Tribunal, Dibrugarh in MAC Case No.08/2013 subject to deposit of Rs.1,50,000/- along with interest at the rate of 9% per annum from the date of filing of the claim petition by the claimants before the Tribunal. The said amount should be deposited before the Registry of this Court within a period of 6 (six) weeks from today.

The respondents/claimants shall be entitled to withdraw the said amount by filing appropriate application before the Registry of this Court.

In view of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant