New India Assurance Company Ltd vs Jun Rajbongshi And 2 Ors
2022 Latest Caselaw 2568 Gua

                                                               Page No.# 1/3

GAHC010142372022




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

                        Case No. : I.A.(Civil)/2126/2022

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87
         MAHATMA GANDHI ROAD
         MUMBAI
         AND ONE OF THE NORTH EAST REGIONAL OFFICE AT ULUBARI
         GS ROAD
         GUWAHATI


          VERSUS



         JUN RAJBONGSHI AND 2 ORS.
         W/O LATE GOPAL RAJBONGSHI @ GAGAN
          RESIDENT OF VILLAGE SIMALIBARI
          PS GORESWAR
          DIST BAKSA
          BTAD
          ASSAM PRESENTLY RESIDING AT BAIHATA CHARIALI
          DIST KAMRUP
          ASSAM 781381


         2:SRI GARBHARAN YADAV
         S/O SRI JOGAR NATH
         RESIDENT OF 2091B VARUN ARCADE NEAR LAWKIN INDUSTRIES
          MANPADA GHODBUNDER ROAD
         THANE
          MAHARASHTRA
          400615
                                                                        Page No.# 2/3

           3:SRI DIPU YADAV
           S/O SRI MARKANDE YADAV
           RESIDENT OF VILLAGE KARKAPUR
           PS JANGIPUR
           DIST GAJIPUR
           UTTAR PRADESH
           233305
           ------------
           Advocate for : MR. R K BHATRA
           Advocate for : appearing for JUN RAJBONGSHI AND 2 ORS.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 29.07.2022

Heard Mr. R. K. Bhatra, the learned counsel appearing on behalf of the Applicant. None has appeared on behalf of the Respondents.

This is an application for stay of judgment and award dated 20.04.2022 passed by Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.2396 of 2017.

The accompanying appeal has already admitted by this Court. Considering the above and taking into account the question of contributory negligence which is one of the grounds being taken in the Memo of Appeal, this Court stays the said judgment and award dated 20.04.2022 passed by Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.2396 of 2017 subject to deposit 50% of the compensation amount including the interest before the Registry of this Court within a period of 6 (six) weeks from today.

The claimant shall be at liberty to file appropriate application for withdrawal of the said amount before the Registry of this Court.

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With above observations and directions, the instant Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant