United India Insurance Co. Ltd vs Niyati Chaklader And Anr
2022 Latest Caselaw 1848 Gua

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GAHC010097732022




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

             I.A.(Civil)/1505/2022

             UNITED INDIA INSURANCE CO. LTD.
             HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
             CHENNAI AND ONE OF THE REGIONAL OFFICE AT GS ROAD
             GUWAHATI 781005

             VERSUS

             NIYATI CHAKLADER AND ANR.
             W/O AJIT CHAKALDER
             RESIDENT OF WARD NO. 5 DHEKIAJULI TOWN
             PO AND PS DHEKIAJULI
             DIST SONITPUR
             ASSAM 784110

             2:JAKIR ALI
             S/O MUHMUD ALI RESIDENT OF VILLAGE RUDESWAR
              PO AND PS NORTH GUWAHATI
              DIST KAMRUP M ASSAM 781030

             Advocate for : MR. K K BHATTA
             Advocate for : appearing for NIYATI CHAKLADER AND ANR.

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                        ORDER

27-05-2022

Mr. K.K. Bhatta, learned counsel represents the appellant Insurance Company. This interlocutory application has been filed for stay of the Judgment and Award dated 07-02-2022, passed by the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldoi, in MAC Case No. 89 of 2019.

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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The amount so deposited shall be allowed to be withdrawn by the claimants/respondents on the basis of an order to be passed by this Court on an application to be made by the claimant/respondent.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