National Insurance Company Ltd vs Bina Boruah And 2 Ors
2022 Latest Caselaw 1939 Gua

                                                               Page No.# 1/2

GAHC010097672022




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

         I.A.(Civil)/1550/2022

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3
         MIDDLETON STREET
         KOLKATTA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
         REGIONAL OFFICE AT GS ROAD
         BHANGAGARH
         GUWAHATI 05


          VERSUS

         BINA BORUAH AND 2 ORS.
         W/O LATE AMBESWAR BORUAH VILLAGE NO. 1 HILOIDARI
         PO AND PS DHAKUWAKHANA
         DIST LAKHIMPUR ASSAM 787055

         2:SRI SURAJ BORUAH
         S/O LATE AMBESWAR BORUAH
         VILLAGE NO. 1 HILOIDARI
          PO AND PS DHAKUWAKHANA
          DIST LAKHIMPUR ASSAM 787055
          3:SRI BAIKUNTHA CHUTIA
         S/O SRI BHUGRAM CHUTIA

         VILLAGE BALIGAON
         PO AND PS DHAKUWAKHANA
         DIST LAKHIMPUR
         ASSAM 787055
         ------------
         Advocate for : MR. K K BHATTA
         Advocate for : appearing for BINA BORUAH AND 2 ORS.
                                                                       Page No.# 2/2

                                 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 30-09-2021, passed by the learned Member, Motor Accident Claims Tribunal, Dhemaji, in MAC Case No. 01 of 2020. 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The amount to be deposited shall be allowed to be withdrawn by the claimants/ respondents on the basis of an order to be passed by this Court on an application to be made by the claimants/ respondents.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