Icici Lombard Geneeral Insurance ... vs Musstt. Laichan Begum Laskar And 5 ...
2022 Latest Caselaw 2435 Gua

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GAHC010135072022




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

                        Case No.: I.A.(Civil)/2018/2022

         ICICI LOMBARD GENEERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE
          414
          VEER SAVARKAR MARG
          NEAR SIDDHI VINAYAK
          GANAPATI MANDIR
          PRABHADEVI
          MUMBAI 400025
          AND ITS BRANCH OFFICE AT 3RD FLOOR
          KAMAKHYA TOWER
          GS ROAD
          CHRISTIAN BASTI
          GUWAHATI 781006
          REPRESENTED BY THE LEGAL MANAGER



          VERSUS

         MUSSTT. LAICHAN BEGUM LASKAR AND 5 ORS.
         W/O LATE RAHIM UDDIN LASKAR PERMANENT RESIDENT OF VILLAGE
         BHAKATPUR
         KATHAL ROAD
         PS CHITTARANJAN AVENUE SO 788012
         PS SILCHAR
         DIST CACHAR
         ASSAM
         788113

         2:MASTER ROHAN AHMED LASKAR
         S/O LATE RAHIM UDDIN LASKAR
         PERMANENT RESIDENT OF VILLAGE BHAKATPUR
          KATHAL ROAD
          PS CHITTARANJAN AVENUE SO 788012
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PS SILCHAR
DIST CACHAR
ASSAM
788113
BEING MINOR
TO BE REP. BY RES. NO. 1
3:MISS SANIYA BEGUM
D/O LATE RAHIM UDDIN LASKAR
PERMANENT RESIDENT OF VILLAGE BHAKATPUR
KATHAL ROAD
PS CHITTARANJAN AVENUE SO 788012
PS SILCHAR
DIST CACHAR
ASSAM
788113
BEING MINOR
TO BE REP. BY RES. NO. 1
4:MASTER ARMAN LASKAR
S/O LATE RAHIM UDDIN LASKAR
PERMANENT RESIDENT OF VILLAGE BHAKATPUR
KATHAL ROAD
PS CHITTARANJAN AVENUE SO 788012
PS SILCHAR
DIST CACHAR
ASSAM
788113
BEING MINOR
TO BE REP. BY RES. NO. 1
5:MD. RUBEL HUSSAIN BARBHUIYA
S/O SYUD ALI BARBHUIYA
PERMANENT RESIDENT OF VILLAGE KATHAL ROAD
PO BHAKATPUR
ASUMIYA LANE

PS SILCHAR
DIST CACHAR
ASSAM
788005
6:MD. IBRAHIM ALI BARBHUIYAN
S/O SYUD ALI BARBHUIYA
PERMANENT RESIDENT OF VILLAGE KATHAL ROAD
PO BHAKATPUR
ASUMIYA LANE

PS SILCHAR
DIST CACHAR
ASSAM
788005
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           ------------

Advocate for : MR T KALITA Advocate for : appearing for MUSSTT. LAICHAN BEGUM LASKAR AND 5 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

22.07.2022

Heard Mr. T. Kalita, the learned counsel for the applicant.

This is an application under Order XLI Rule 5 of the CPC for stay of operation of the judgment and order dated 05.04.2022 passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC Case No.357/2019.

The accompanying appeal having been admitted, this Court deems it proper to further stay the judgment and order dated 05.04.2022 passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC Case No.357/2019 subject to deposit of 50% of the said awarded amount before the Registry of this Court within 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