M/S New India Assurance Co. Ltd vs Md. Abidul Hussain And Anr
2022 Latest Caselaw 2238 Gua

                                                                 Page No.# 1/3

GAHC010306012019




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

                                 Case No. : MACApp./225/2022

            M/S NEW INDIA ASSURANCE CO. LTD.
            M/S NEW INDIA ASSURANCE COMPANY LIMITED, HAVING ITS
            REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MAHATMA
            GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR
            CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781005



            VERSUS

            MD. ABIDUL HUSSAIN AND ANR
            S/O MD GOL MOHAMMED HUSSAIN, RESIDENT OF VILL BADULIPARA,
            P.S. DERGAON, DISTRICT GOLAGHAT, ASSAM-782413



Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MR D MONDAL




             Linked Case : I.A.(Civil)/1318/2022

            M/S NEW INDIA ASSURANCE CO. LTD.
            M/S NEW INDIA ASSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87
            MAHATMA GANDHI ROAD
            MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX
            5TH FLOOR
            LACHIT NAGAR
            GUWAHATI-781005
                                                            Page No.# 2/3



VERSUS

MD. ABIDUL HUSSAIN AND ANR
S/O MD GOL MOHAMMED HUSSAIN
RESIDENT OF VILL BADULIPARA
P.S. DERGAON
DISTRICT GOLAGHAT
ASSAM-782413

2:SRI MOONJYOTI DAS
S/O SRI DANDADHAR DAS
 RESIDENT OF NEGHERITING
 P.S. DERGAON
 DISTRICT GOLAGHAT
ASSAM-785614
 ------------

Advocate for : MR. K K BHATTA Advocate for : MR D MONDAL appearing for MD. ABIDUL HUSSAIN AND ANR Page No.# 3/3

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

28.06.2022

Heard Mr. K.K. Bhatta, learned counsel appearing for the appellant as well as Mr. D. Mondal, learned counsel appearing for the respondent no 1.

This interlocutory application has been filed by the Insurance company praying to stay the operation of the impugned judgment and award dated 16.08.2019 passed by the learned Member, Motor Accidents Claims Tribunal No.1, Kamrup in MAC Case No. 560/2015.

Prayer of the applicant is allowed.

Operation of the impugned judgment dated 16.08.2019 shall remain stayed subject to payment of 50% of the awarded amount within 6(six) weeks from today.

Claimant is allowed to withdraw the amount subject to prior permission of this Court.

The I.A. stands disposed of.

JUDGE

Comparing Assistant