New India Assurance Company Ltd vs Alkima Khatun And 6 Ors
2022 Latest Caselaw 4283 Gua

                                                                Page No.# 1/3

GAHC010004252017




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

                         Case : I.A.(Civil)/1972/2018

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING
         87
         MAHATMA GANDHI ROAD
         FORT
         MUMBAI
         400001
         AND REGIONAL OFFICE AT G.S. ROAD
         GUWAHATI - 5
         REPRESENTED BY THE CHIEF REGIONAL MANAGER.


          VERSUS

         ALKIMA KHATUN and 6 ORS
         W/O LATE ASARUDDIN SK

         2:HASINA KHATUN
         D/O LATE ASARUDDIN SK.
          3:HASNA KHATUN
         D/O LATE ASARUDDIN SK.
          4:KABIL SK.
         S/O LATE SUKUR ALI
          5:ASIA BIBI
         W/O KABIL SK. ALL ARE RESIDENT OF VILLAGE BIDYARDABRI PT-IV
          P.S.- GOLOKGANJ
          DIST. DHUBRI
         ASSAM
          783335. RESPONDENT NO. 2 AND 3 BEING MINOR REPRESENED BY
         RESPONDENT NO. 1.
          6:JOYNAL ABEDIN
         S/O AMIR UDDIN
         VILLAGE - BIDYARDABRI PT-IV
                                                                     Page No.# 2/3

          P.O. BIDYARDABRI
          P.S. GOLOKGANJ
          DIST. DHUBRI
          ASSAM
          783335. (OWNER OF VEHICLE BEARING REGISTRATION NO. AS-17/B-5767)
          7:MD. DABLU MIAH
          S/O KANDURA MIAH
          R/O VILLAGE - SAGOLIA PT-II
          P.O.- CHAGOLIA
          DIST. DHUBRI
          ASSAM
          783335. (DRIVER OF VEHICLE BEARING REGN. NO. AS-17/B-5767)
          ------------
          Advocate for : MR. S DUTTA
          Advocate for : MR. C SHARMA appearing for ALKIMA KHATUN and 6 ORS



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 04.11.2022 Heard Ms. S. Mushahary, learned counsel, appearing for the applicant and Ms. P. Bhattacharjee, learned counsel for the respondent Nos. 1 to 5. None appears for the respondent No. 6.

By filing this interlocutory application under Order XLI Rule 5 CPC, the applicant/ appellant/ Insurance Company has prayed for stay of the operation of the impugned judgment and award dated 09.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 303/2015.

As the appeal is admitted, the impugned judgment and award dated 09.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 303/2015 is hereby stayed, subject to deposit of 50% of the awarded amount by the Insurance Company/ applicant/ appellant to the Registry of this Court within six weeks from today.

The claimant/ respondent No. 1 is at liberty to withdraw the said amount, Page No.# 3/3

after proper verification and identification of the claimant by the concerned learned counsel.

The I.A. stands disposed of.

JUDGE

Comparing Assistant