New India Assurance Co. Ltd vs Rina Das And 4 Ors
2022 Latest Caselaw 1828 Gua

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GAHC010067762022




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

         I.A.(Civil)/1510/2022

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT M.G ROAD
         FORT MUMBAI AND ONE OF THE REGIONAL OFFICES KNOWN AS NORTH
         EAST REGIONAL OFFICE AT LACHIT NAGAR
         ULUBARI
         GUWAHATI 7
         ASSAM


          VERSUS

         RINA DAS AND 4 ORS.
         W/O SRI GOPAL DAS RESIDENT OF NAVARANG BYE LANE NO. 2
         SASANPARA
         EAST CHOWKIDINGEE
         PO
         PS AND DIST DIBRUGARH
         ASSAM
         786003

         2:SRI BASANT SINGH
         S/O SRI BUTA SINGH

         RESIDENT OF SANT NAGAR VILLAGE
         JIWAN NAGAR
         PO SANT NAGAR
         DIST SIRSA
         TEHSIL RANIA
         HARYANA
         125075
         3:SRI RAM LAGAN JHA
         S/O BHAJEBHAN JHA
         RESIDENT OFCHANDANPATTI VILLAGE (SANGAPATTI VILLAGE) PO
         SAKRA
                                                                       Page No.# 2/3

             DIST MUZAFFARPUR
             BIHAR
             843105
             4:SRI BITTU DAS
             S/O SRI GOPAL DAS
             RESIDENT OF NAVARANG BYE LANE NO. 2
             SASANPARA
             EAST CHOWKIDINGEE
             PO
             PS AND DIST DIBRUGARH
             ASSAM
             786003
             5:THE BRANCH MANAGER
             NATIONAL INSURANCE CO. LTD. KHEMKA MARKET
             DIBRUGARH
             ASSAM 786001
             ------------
             Advocate for : MS R GANGAWAT
             Advocate for : appearing for RINA DAS AND 4 ORS.



                                  BEFORE
                 HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

27-05-2022

Mr. R.K. Bhatra, learned counsel represents the appellant Insurance Company. This interlocutory application has been filed for stay of the Judgment and Award dated 28-10-2021, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Tinsukia, in MAC Case No. 36 of 2017. 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.

The amount so deposited shall be allowed to be withdrawn by the Page No.# 3/3

claimants/respondents on the basis of an order to be passed by this Court on an application to be made by the claimant/respondent. The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant