Gauhati High Court
National Insurance Company ... vs Smti Basanti Das And 2 Ors on 7 June, 2022
Page No.# 1/4
GAHC010124652020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1656/2020
NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGD OFFICE AT KOLKATA, REP. BY ITS REGIONAL OFFICE,
GS ROAD, BHANGAGARH, GUWAHATI- 05, ASSAM
VERSUS
SMTI BASANTI DAS AND 2 ORS
W/O- LATE BIREN DAS, R/O- VILL- AZARA, BORBORI, P.S- AZARA, DIST-
KAMRUP(M), ASSAM
2:CHAYAMONI DAS
D/O- LATE BIREN DAS
R/O- VILL- AZARA
BORBORI
P.S- AZARA
DIST- KAMRUP(M)
ASSAM
3:ARABINDA DAS
S/O- RATNA DAS
R/O- VILL- AZARA
BORBORI
P.S- BORBORI
DIST- KAMRUP(M)
PIN
Advocate for the Petitioner : MR S S SHARMA
Advocate for the Respondent :
Page No.# 2/4
Linked Case : MACApp./232/2020
NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGD OFFICE AT KOLKATA
REP. BY ITS REGIONAL OFFICE
GS ROAD
BHANGAGARH
GUWAHATI- 05
ASSAM
VERSUS
SMTI BASANTI DAS AND 2 ORS
W/O- LATE BIREN DAS
R/O- VILL- AZARA
BORBORI
P.S- AZARA
DIST- KAMRUP(M)
ASSAM
2:CHAYAMONI DAS
D/O- LATE BIREN DAS
R/O- VILL- AZARA
BORBORI
P.S- AZARA
DIST- KAMRUP(M)
ASSAM
3:ARABINDA DAS
S/O- RATNA DAS
R/O- VILL- AZARA
BORBORI
P.S- BORBORI
DIST- KAMRUP(M)
PIN-
------------
Advocate for : MR S S SHARMA
Advocate for : MR D MONDAL (r-1
2) appearing for SMTI BASANTI DAS AND 2 ORS
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 07.06.2022
Heard Mr. H. Buragohain, learned counsel for the applicant/ Insurance Company.
Also heard Mr. Digvijay Mondal, learned counsel appearing on behalf of Opposite
Parties No. 1 & 2/claimants.
This is an application praying for stay of the operation of the judgment and
award, dated 07.12.2019, passed by the learned Addl. District & Sessions Judge(FTC)
No. 3, Kamrup(M), Guwahati, in MAC Case No. 612/2013, whereby a compensation to
the tune of Rs. 9,60,350/- along with interest @ 7.5% p.a. from the date of filing of
the claim petition till payment by the applicant/Insurance Company, has been awarded
to the opposite parties No. 1 & 2/claimants.
Upon hearing the learned counsels for the parties and on perusal of the
materials made available on record; it is hereby directed that the operation of the
impugned judgment and award, dated 07.12.2019, passed by the learned Addl.
District & Sessions Judge(FTC) No. 3, Kamrup(M), Guwahati, in MAC Case No.
612/2013, shall remain stayed subject to deposit of 50% of the awarded amount by
the applicant/Insurance Company before the Registry of this Court, within a period of
6(six) weeks from today.
On such deposit being made by the applicant/Insurance Company, the opposite
parties No. 1 & 2/claimants shall be allowed to withdraw the deposited amount, in
question, on furnishing an indemnity bond(s) by the opposite parties No. 1 &
2/claimants and after properly identified by the engaged counsel by following the due
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process of identification as notified by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands disposed of.
JUDGE
Comparing Assistant
