United India Insurance Co. Ltd vs Smti Bibha Goswami Choudhury And 2 ...
2022 Latest Caselaw 4519 Gua

                                                              Page No.# 1/2

GAHC010051002017




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

                         Case No. : I.A.(Civil)/3807/2017
                                         in
                              MACApp./581/2017

         UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI 800014 AND REGIONAL OFFICE AT GUWAHATI 5 REPRESENTED
         BY THE REGIONAL MANAGER


          VERSUS

         SMTI BIBHA GOSWAMI CHOUDHURY and 2 ORS
         W/O SRI BINAY CH. CHOUDHURY
         VILL. RAIPUR
         P.S. PATACHARKUCHI
         DIST. BARPETA
         ASSAM
         PIN 781326

         2:BINAY CH. CHOUDHURY

         S/O SRI SATYA NATH CHOUDHURY
         VILL. RAIPUR
         P.S. PATACHARKUCHI
         DIST. BARPETA
         ASSAM
         PIN 781326
         3:RITUMONI DAS

         S/O SRI JAGADISH DAS
         VILL. BAMUNDI
         P.S. SUALKUCHI
         DIST. KAMRUP
         ASSAM
         PIN 781103 OWNER OF VEHICLE NO. AS-25/A-1949
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           ------------
           Advocate for : MR.S DUTTA
           Advocate for : appearing for SMTI BIBHA GOSWAMI CHOUDHURY and 2 ORS



                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

16.11.2022 Heard Ms. M. Choudhury, learned counsel for the applicant- United India Insurance Company Limited, who by means of this application has prayed for stay of the operation of the judgment and award dated 09.06.2017 passed by the learned Additional District Judge No. 3, Kamrup (M) acting as the MACT in MAC Case No. 1150/2011. The connected appeal has been admitted today.

The learned counsel, Ms. Choudhury has submitted that there are good grounds of appeal which is likely to succeed specially on the aspect of rate taken by the learned Tribunal on future prospect.

Considering the aforesaid submission, this Court directs that pending disposal of the connected MAC Case No. 581/2017, the impugned judgment and award dated 09.06.2017 passed in MAC Case No. 581/2017 shall remain suspended subject to the condition of payment of 50% of the award to be deposited in the Registry of this Court. Such deposit may be made within a period of 45 days from today.

IA accordingly stands disposed of.

JUDGE

Comparing Assistant