United India Insurance Co. Ltd vs Kanaklata Patgiri And 4 Ors
2022 Latest Caselaw 1712 Gua

                                                           Page No.# 1/3

GAHC010091562022




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

                        Case No. : I.A.(Civil)/1437/2022



         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI
         600014 AND REGIONAL OFFICE AT GUWAHATI 5
         REPRESENTED BY THE REGIONAL MANAGER


          VERSUS

         KANAKLATA PATGIRI AND 4 ORS.
         W/O LATE JILADHAR PATGIRI
         RESIDENT OF GOHPUR UJABARA
         PS GOHPUR
         DIST BISWANATH (ASSAM) 784168
         PRESENTLY RESIDING AT GANDHI BASTI
         GUWAHATI 3
         PS CHANDMARI
         KAMRUP M ASSAM

         2:UTPAL PATGIRI
         S/O LATE JILADHAR PATGIRI
         RESIDENT OF GOHPUR UJABARA
         PS GOHPUR
          DIST BISWANATH (ASSAM) 784168
          PRESENTLY RESIDING AT GANDHI BASTI
          GUWAHATI 3
          PS CHANDMARI
          KAMRUP M ASSAM

         3:KARISHMA PATGIRI
         D/O LATE JILADHAR PATGIRI
         RESIDENT OF GOHPUR UJABARA
                                                                          Page No.# 2/3

           PS GOHPUR
           DIST BISWANATH (ASSAM) 784168
           PRESENTLY RESIDING AT GANDHI BASTI
           GUWAHATI 3
           PS CHANDMARI
           KAMRUP M ASSA

           4:MRS. SUMESWARI PATGIRI
           M/O LATE JILADHAR PATGIRI
           RESIDENT OF GOHPUR UJABARA
           PS GOHPUR
           DIST BISWANATH (ASSAM) 784168
           PRESENTLY RESIDING AT GANDHI BASTI
           GUWAHATI 3
           PS CHANDMARI
           KAMRUP M ASSA

           5:SRI KIRAN SONOWAL
           S/O SRI SODAPA SONOWAL
           VILLAGE GOGOLDUBI
           BORKHELIA
           PS BOGINADI
           DIST LAKHIMPUR
           ASSAM 787032
           ------------
           Advocate for : MS. M CHOUDHURY
           Advocate for : MR. A T SARKAR appearing for KANAKLATA PATGIRI AND 4
           ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                      ORDER

Date : 20-05-2022

Heard Ms. M Choudhury, learned counsel for the applicant. Also heard Mr. AT Sarkar, learned counsel for the respondent Nos. 1 to 4.

This interlocutory application has been filed under Order XLI Rule 5 of the CPC for stay of the operation of the judgment and award, dated 03.02.2022, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 2602/2017.

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After hearing learned counsel for the parties, this Court directs the respondents to deposit 30% of the awarded amount in the Registry of this Court within six weeks from today. On such deposit being made, the same be released in favour of the claimants subject to furnishing of indemnity bond of the equivalent amount to the satisfaction of the Registrar General of this Court and on proper identification of the claimants.

The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant