Md. Sirajul Haque vs Reliance General Insurance ...
2022 Latest Caselaw 2626 Gua

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GAHC010114142022




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

                           Case No. : I.A.(Civil)/1750/2022

          MD. SIRAJUL HAQUE
          S/O LATE TOWASUDDIN
          RESIDENT OF TUKURAPARA, PO TUKURAPARA, PS CHAYGAON, DIST
          KAMRUP ASSAM 781137

          VERSUS

          RELIANCE GENERAL INSURANCE COMPANY LIMITED. AND 2 ORS.
          HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
          HIRACHAND MARG, BALLARD ESTATE, MUMBAI, 400001, AND ONE OF
          ITS BRANCH OFFICE AT G.S ROAD, GUWAHATI

          2:TAJUL UDDIN

           S/O LATE J ALI RESIDENT OF FATASIL KATAHBARI
           PO GARCHUK
           PS FATASIL
           DIST KAMRUP
           ASSAM
           781009 OWNER OF THE VEHICLE NO AS 01-BC-4374 (TRUCK)

          3:HUSSAIN AHMED CHOUDHURY
           S/O K R CHOUDHURY RESIDENT OF TARAPPUR
           JALALPUR
           PO JALALPUR
           PS JALALPUR
           DIST CACHAR
          ASSAM
           788816 DRIVER OF THE VEHICLE NO AS 01-BC-4374 (TRUCK)

Advocate for the Petitioner : MR. A BHATTACHARYYA
Advocate for the Respondent : MR. K K BHATTA
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                                 :: BEFORE ::
                   HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                O R D E R

30.07.2022

Heard Mr. A. Bhattacharyya, learned counsel for the applicant. Also heard Mr. K.K. Bhatta, learned counsel representing the Insurance Company.

On 10.02.2022, in the IA(Civil)/284/2022, judgment and award dated 25.09.2020 passed by the learned Member, MACT No.1, Kamrup in MAC Case No.2311/2015 was stayed by this Court.

Mr. Bhattacharyya submits that the Insurance Company should be directed to deposit 50% of the awarded amount with the Registry of this Court so that payment can be withdrawan from the Registry of this Court.

Mr. Bhatta submits that he has no objection if such a prayer is allowed.

Accordingly, the concerned Insurance Company is directed to deposit 50% of the awarded amount in respect of MAC Case No.2311/2015 in the Registry of this Court within next 6(six) weeks.

The applicant/claimant shall be at liberty to withdraw the said amount from the Registry of this Court.

Interlocutory Application accordingly stands disposed of.

JUDGE Page No.# 3/3

Comparing Assistant