National Insurance Company Ltd vs Hasen Ali And 2 Ors
2022 Latest Caselaw 1503 Gua

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GAHC010082792022




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

                                Case No. : MACApp./220/2022

            NATIONAL INSURANCE COMPANY LTD.
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT, 1956, HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,
            KOLKATA AND ONE OF ITS REGIONAL OFFICE AT G.S ROAD,
            BHANGAGARH, GUWAHATI, REPRESENTED BY ITS REGIONAL
            MANAGER, GUWAHATI

            VERSUS

            HASEN ALI AND 2 ORS.
            S/O TAYJUDDIN ALI
            VILLAGE GUTIPARA PART I, PS BILASHIPARA, DIST DHUBRI, ASSAM

            2:EITA INDIA LTD
             PLOT NO. II
             SECTOR 24
             NEAR PETROL PUMP
             FARIDABAD CITY
             DIST FARIDABAD
             HARYANA
             121005

            3:SANJEEV KR. YADAV
             S/O SIPALLER SINGH YADAV

            BAKAINIYA NAGARIYA VIKRAM

            VILLAGE FARIDPUR
            DIST BAREILLY
            UTTAR PRADES

Advocate for the Petitioner   : MS P SHILL

Advocate for the Respondent :
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                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                   :: O R D E R ::

09-05-2022

Heard Ms. S. Roy, learned counsel representing the appellant/applicant. The appeal, under Section 166 of the Motor Vehicles Act, 1988, is preferred challenging the Judgment and Award dated 03-02-2022, passed by the learned Member, Motor Accident Claims Tribunal, Goalpara, in MAC Case No. 58 of 2018.

The appeal is admitted for hearing.

Issue notice.

Call for the LCR.

The appellant/applicant shall, within seven days from today, take steps for service of notice upon the respondents, by registered post with A/D Card as well as under usual process.

Considering the matter in its entirety it is directed that subject to deposit of 50% 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.

However, the claimants/respondents on their appearance before this Court may pray for release of the 50% amount to be deposited with the Registry of this Court and approach this Court for modification/alteration/vacation of the order for stay.

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List this appeal together with the connected I.A. (Civil) No. 1312/2022 in the first week after the ensuing summer vacation, after service of notice is complete.

JUDGE

Comparing Assistant