National Insurance Company Ltd vs Dipali Hazarika Bora And Anr
2022 Latest Caselaw 1938 Gua

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GAHC010097702022




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

             I.A.(Civil)/1555/2022

             NATIONAL INSURANCE COMPANY LTD.
             HAVING ITS REGISTERED OFFICE AT 3
             MIDDLETON STREET
             KOLKATA AND ONE OF THE REGIONAL OFFICE AT GS ROAD
             BHANGAGARH, GUWAHATI 5

             VERSUS

             DIPALI HAZARIKA BORA AND ANR.
             W/O LATE GOBIN CH. BORA VILLAGE NIZ KHATUWAL
             PS KHATUWAL, DIST NAGAON, ASSAM 782124

             2:SRI RAM BABU RAY YADAV
             S/O BINDU RAY YADAV
              RESIDENT OF DAMODARPUR
              PO PAROO, DIST MUZAFFARPUR BIHAR, 843112

             Advocate for : MR. K K BHATTA
             Advocate for : appearing for DIPALI HAZARIKA BORA AND ANR.

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                        ORDER

01-06-2022 Mr. K.K. Bhatta, learned counsel represents the applicant-appellant Insurance Company.

This interlocutory application has been filed for stay of the operation of the Judgment and Award dated 29-01-2022, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, in MAC Case No. 308 of 2018.

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Considering the matter in its entirety, it is directed that subject to deposit of 20% of the amount awarded vide the Judgment and Award aforementioned with the Registry of this Court, within six weeks from the date of this order, the execution of the impugned judgment and award aforementioned shall remain stayed.

The amount to be deposited shall be allowed to be withdrawn by the claimants/ respondents on the basis of an order to be passed by this Court on an application to be made by the claimants/ respondents. The interlocutory application stands disposed of accordingly. The respondents shall be at liberty to approach this Court seeking alteration/addition/vacation of the interim order.

JUDGE

Comparing Assistant