M/S Shriram General Insurance ... vs Johura Bibi And 4 Ors
2022 Latest Caselaw 2274 Gua

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GAHC010052802019




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




          I.A.(Civil)/1859/2022

         M/S SHRIRAM GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED HEAD OFFICE AT E-8
         EPIP
         SITAPURA INDUSTRIAL AREA
         JAIPUR
         RAJASTHAN- 302022 WITH ONE OF ITS BRANCH OFFICE AT B.R. ARCHADE
         3RD FLOOR
         ULUBARI
         GUWAHATI- 781007
         REP. BY ITS LEGAL OFFICER
         SRI RAJENDRA DUTTA.


          VERSUS

         JOHURA BIBI AND 4 ORS
         W/O- LATE JAMAL UDDIN

         2:MD. JUBAIR AHMED
         S/O- LATE JAMAL UDDIN.
          3:SAMINA BEGAM
         D/O- LATE JAMAL UDDIN.
          4:MASUD AHMED
         S/O- LATE JAMAL UDDIN
         ALL ARE PERMANENT RESIDENT OF VILL.- BAGHAN
          P.O. PREMTALA
          PIN- 799261
          P.S. KADAMTALA
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            DIST.- NORTH TRIPURA
            TRIPURA
            AND PRESENTLY RESIDING AT VILL.AND P.O. KATLICHERRA
            PIN- 788161
            P.S. KATLICHERRA
            DIST.- HAILAKANDI
            ASSAM.
            5:ABU TAHIR MD. RAZAWOL KARIM
            S/O- MD. ABDUL AZIZ
            R/O- VILL.- NEW NAVIPUR
            P.O. BARAIGRAM
            PIN- 788719
            P.S. PATHERKHANDI
            DIST.- KARIMGANJ
            ASSAM. (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-11
            BC-4255).
            ------------
            Advocate for : MR. P HAZARIKA
            Advocate for : MR. M H LASKAR appearing for JOHURA BIBI AND 4 ORS



                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : --29.06.2022

Heard Mr. P. Hazarika, learned counsel appearing for the applicant.

In the application the applicant has prayed for staying the operation of the Judgment and Award dated 25.06.2018 passed by the learned Member, Motor Accident Claims Tribunal, Hailakandi in MAC Case No. 218/2016.

The connected appeal has been admitted and records have been called for on being satisfied there is an arguable case on behalf of the appellant.

Having heard learned counsel for the appellant and on perusal of the materials on record, this Court is satisfied that this application should be allowed.

Accordingly, this application is allowed.

Operation of the impugned judgment and order as referred to above shall remain Page No.# 3/3

stayed during pendency of the appeal subject to the condition that the appellant shall deposit 50% of the awarded amount with the Registry of this Court within 1 month from today.

It is made clear that on such deposit being made, the claimant shall be at liberty to withdraw the same on being identified by the learned counsel to the satisfaction of Registry.

I.A. stands disposed of.

JUDGE

Comparing Assistant