Bajaj Allianz General Insurance ... vs Mamani Deka And 4 Ors
2022 Latest Caselaw 4325 Gua

                                                                Page No.# 1/3

GAHC010224032022




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

                        Case No. : I.A.(Civil)/3219/2022


         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA.
         AIRPORT ROAD
         YERAWADA
         PUNE 411006 AND ITS LOCAL OFFICE AT SREEJI TOWER
         3RD FLOOR
         ADJACENT TO MAHINDRA SHOW ROADD
         CHRISTIAN BASTI
         GUWAHATI 781005


          VERSUS

         MAMANI DEKA AND 4 ORS.
         W/O LATE JAGAT CHANDRA DEKA
         RESIDENT OF VILLAGE NOWPOTA
         PO CHENGELIA JHAR
         PS SIPAJHAR
         DIST DARRANG
         ASSAM
         784145

         2:MISS JUBLEE DEKA
         D/O LATE JAGAT CHANDRA DEKA
         RESIDENT OF VILLAGE NOWPOTA
          PO CHENGELIA JHAR
          PS SIPAJHAR
          DIST DARRANG
         ASSAM
          784145
         REPRESENTED BY RES. NO. 1

          3:SMTI TILESWARI DEKA
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            W/O LATE NIDHIRAM DEKA
            RESIDENT OF VILLAGE NOWPOTA
            PO CHENGELIA JHAR
            PS SIPAJHAR
            DIST DARRANG
            ASSAM
            784145
            REPRESENTED BY RES. NO. 1

            4:SRI RATNESWAR NATH
            S/O SRI BANESWAR NATH
            RESIDENT OF WARD NO. 1
            DHEKIAJULI
            PS DHEKIAJULI
            DIST SONITPUR
            ASSAM. 784110

            5:SRI MANTU KR. NATH
            S/O SRI BANESWAR NATH
            RESIDENT OFWARD NO. 1 DHEKIAJULI
            PS DHEKIAJULI
            DIST SONITPUR
            ASSAM 784110
            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for MAMANI DEKA AND 4 ORS.



                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

Date : 07-11-2022

Heard Mr. R Goswami, learned counsel for the appellant. By filing this application under Order XLI Rule V of the Cr.PC, the applicant has prayed for staying the operation of the impugned judgment and award dated 22.09.2022 passed by the learned Member, MACT, Bajali in MAC Case No. 10/2021

Issue notice on the application for stay.

The applicant shall take steps within 2 (two) days for service of notice Page No.# 3/3

upon the opposite parties by registered post with A/D.

The connected appeal has been admitted for hearing.

One of the issues raised in the connected appeal is that the deceased person was a Government employee and therefore, the claimants were entitled to receive pension and other benefits, which was not considered in the impugned judgment and award.

In view of above, subject to deposit of 25% of the awarded sum by the applicant before the Registry of this Court within the next returnable date, the enforcement of the impugned award mentioned herein shall remain stayed.

It is made clear that in the event, the deposit is not made within the specified time, this order shall not be a bar for the enforcement of the award.

List on 9th December, 2022.

JUDGE

Comparing Assistant