Gauhati High Court
Having Its Head Office At 3Rd Floor vs Smti. Basula Barman And 5 Ors on 30 July, 2022
Page No.# 1/5
GAHC010318252019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No: I.A.(Civil)/2104/2022
THE BHARTI AXA GENERAL INSURANCE COMPANY LTD.
HAVING ITS HEAD OFFICE AT 3RD FLOOR
SPECTRUM TOWERS
B WING
MALAD LINK ROAD
MALAD (WEST)
MUMBAI-400064 AND ITS REGIONAL OFFICE AT EMAMI MARKET
4TH FLOOR
3 LORD SINHA ROAD
KOLKATA-700071.
VERSUS
SMTI. BASULA BARMAN AND 5 ORS.
W/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
2:MASTER DINESH BARMAN
S/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
3:MISS PUJA BARMAN
Page No.# 2/5
D/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
4:MASTER BANESH BARMAN
S/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
5:KABIR ALI KHAN
S/O HARMUJ ALI KHAN
R/O VILLAGE DHANBHANDHA
P.O. SONKUCHI
P.S. AND DIST. BARPETA
ASSAM
PIN 781301. OWNER OF THE VEHICLE BEARING ENGINE NO.
G3HAHM548927 AND CHASSIS NO. MALA351ALHM593142 (EON CAR NEW)
6:SAMIR UDDIN
S/O MD. MOKADDESH ALI
R/O VILLAGE DANAKUCHI
P.O. SONKUCHI
P.S. AND DIST. BARPETA
ASSAM
PIN 781301. DRIVER OF THE VEHICLE BEARING ENGINE NO.
G3HAHM548927 AND CHASSIS NO. MALA351ALHM593142 (EON CAR NEW)
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. B J TALUKDAR appearing for SMTI. BASULA BARMAN AND
5 ORS.
LINKED Case No. : MACApp./411/2022
THE BHARTI AXA GENERAL INSURANCE COMPANY LTD.,
HAVING ITS HEAD OFFICE AT 3RD FLOOR, SPECTRUM
TOWERS, B WING, MALAD LINK ROAD, MALAD (WEST),
MUMBAI-400064 AND ITS REGIONAL OFFICE AT EMAMI
MARKET, 4TH FLOOR, 3 LORD SINHA ROAD, KOLKATA-
700071.
VERSUS
Page No.# 3/5
SMTI. BASULA BARMAN AND 5 ORS.
W/O LATE DINA BARMAN, R/O VILLAGE RAJABIL, P.O.
RUPAHI, P.S. SALBARI, DIST. BAKSA (BTAD), ASSAM, PIN
781318
2:MASTER DINESH BARMAN
S/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
3:MISS PUJA BARMAN
D/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
4:MASTER BANESH BARMAN
S/O LATE DINA BARMAN
R/O VILLAGE RAJABIL
P.O. RUPAHI
P.S. SALBARI
DIST. BAKSA (BTAD)
ASSAM
PIN 781318
5:KABIR ALI KHAN
S/O HARMUJ ALI KHAN
R/O VILLAGE DHANBHANDHA
P.O. SONKUCHI
P.S. AND DIST. BARPETA
ASSAM
PIN 781301. OWNER OF THE VEHICLE BEARING ENGINE
NO. G3HAHM548927 AND CHASSIS NO.
MALA351ALHM593142 (EON CAR NEW)
6:SAMIR UDDIN
S/O MD. MOKADDESH ALI
R/O VILLAGE DANAKUCHI
P.O. SONKUCHI
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P.S. AND DIST. BARPETA
ASSAM
PIN 781301. DRIVER OF THE VEHICLE BEARING ENGINE
NO. G3HAHM548927 AND CHASSIS NO.
MALA351ALHM593142 (EON CAR NEW
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. B J TALUKDAR
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
30.07.2022
Heard Mr. R. Goswami, learned counsel for the applicant.
This is an application praying for stay/suspension of the impugned
Judgment and Award dated 24.07.2019 passed by the learned Member, MACT,
Barpeta in MAC Case No. 54/2018.
Issue notice returnable after six weeks.
Mr. K. Sarma, learned counsel accepts notice on behalf of the respondent
Nos. 1, 2, 3, 4 and 5. Mr. Sarma, learned counsel may file objection in this
Interlocutory Application.
The applicant to take steps for issuance of notice upon the respondent No. 6
by way of registered post with A/D as well as by usual process within a period
of seven days from today.
Mr. Goswami, learned counsel assures that he will serve the copy of the
appeal memo as well as copy of the Interlocutory Application to Mr. Sarma,
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learned counsel during the course of the day.
List this matter on 01.09.2022.
Till the next date, the operation of the impugned judgment and award dated
24.07.2019 passed by the learned Member, MACT, Barpeta in MAC Case No.
54/2018 is stayed.
JUDGE
Comparing Assistant
