National Insurance Co. Ltd vs Smti. Jan Chetia @ Janmoni Chetia ...
2022 Latest Caselaw 2602 Gua

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GAHC010123502019




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



                       Case NO : I.A.(Civil)/2088/2022

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET
         KOLKATA- 700071 AND ONE OF THE REGIONAL OFFICES AT G.S. ROAD
         BHANGAGARH
         GUWAHATI- 781005.


          VERSUS

         SMTI. JAN CHETIA @ JANMONI CHETIA AND 4 ORS
         W/O- LATE HOREN CHETIA

         2:SHRI DHRUBA CHETIA
         S/O- LATE HOREN CHETIA
          3:SHRI KAPIL CHETIA
         S/O- LATE HOREN CHETIA
         ALL ARE RESIDENT OF VILL.- KANUBARI BALIJAN GAON
          P.O. OUAGURI SHYAM
          P.S. SONARI
          DIST.- CHARAIDEO
         ASSAM
          PIN- 785692. (OPPOSITE PARTY NO. 1 WILL REPRESENT RESPONDENTS 2
         AND 3 BEING MOTHER AND NATURAL GUARDIAN).
          4:SRI SIMANTA NEOG
         S/O- SRI BHUBAN NEOG
          R/O- VILL.- KANUBARI BALIJAN GAON
          P.O. OUAGURI SHYAM
          P.S. SONARI
          DIST.- CHARAIDEO
         ASSAM
          PIN- 785692. (OWNER OF INVOLVED VEHICLE (MOTOR CYCLE).
          5:SRI PRABIN CHANGMAI
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             S/O- SRI BIHURAM CHANGMAI
             R/O- VILL.- KANUBARI BALIJAN GAON
             P.O. OUAGURI SHYAM
             P.S. SONARI
             DIST.- CHARAIDEO
             ASSAM
             PIN- 785692.
             ------------
             Advocate for : MR. A J SAIKIA
             Advocate for : appearing for SMTI. JAN CHETIA @ JANMONI CHETIA AND 4
             ORS



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

30.07.2022

Heard Mr. A. J. Saikia, learned counsel for the applicant.

This is an application praying for stay/suspension of the impugned Judgment and Award dated 13.02.2019 passed by the learned Member, MACT, No. 1, Kamrup, Guwahati in MAC Case No. 2604/2016.

As the connected appeal is already admitted, the operation of the Judgment and Award dated 13.02.2019 shall remain stayed subject to deposit of Rs. 10,97,200/- out of total awarded amount in the Registry of this Court within a period of four weeks from today.

The respondents/claimants may file necessary application for withdrawal of the same from the Registry and in the event such application is filed, the same be allowed after proper verification and identification as per laid down procedure.

Accordingly, this Interlocutory Application is disposed of.

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JUDGE

Comparing Assistant