National Insurance Company Ltd vs Smti. Arati Daimary And 3 Ors
2022 Latest Caselaw 4634 Gua

                                                                   Page No.# 1/2

GAHC010039192019




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

                         Case No. : I.A.(Civil)/3358/2022


         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
         BHANGAGARH
         GUWAHATI.


          VERSUS

         SMTI. ARATI DAIMARY AND 3 ORS.
         W/O- SRI MADAN DAIMARY
         R/O- VILL.- MAGURMARI (TOKAN KATA)
         P.S. GORESWAR
         DIST.- BAKSA
         BTAD
         ASSAM
         PIN- 781366.

         2:SRI BALENDRA NARZARY
         S/O- SRI DALIM NARZARY

         R/O- VILL.- TANGAJHAR
         P.S. GORESWAR
         DIST.- BAKSA
         BTAD
         ASSAM
         PIN- 781366. (OWNER OF THE VEHICLE NO. AS-01-AG-6821 (BAJAJ PULSAR
         MOTOR CYCLE).
         3:SRI KHAGEN BORO
         S/O- LATE MAHIM BORO

         R/O- VILL.- NATHKUCHI
         P.S. GORESWAR
                                                                           Page No.# 2/2

           DIST.- BAKSA
           BTAD
           ASSAM
           PIN- 781366. (DRIVER OF THE VEHICLE NO. AS-01-AG-6821 (BAJAJ PULSAR
           MOTOR CYCLE).
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for SMTI. ARATI DAIMARY AND 3 ORS.



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 23.11.2022 Heard Mr. R. Goswami, learned counsel for the applicant/Insurance Company.

This is an application praying for stay of the operation of the judgment and award, dated 30.10.2018, passed by the learned Member, MACT No. 1, Kamrup, Guwahati, in MAC Case No. 2504/2009, whereby a compensation to the tune of Rs. 7,71,000/- along with interest @ 7% p.a. from the date of filing of the claim petition till payment by the applicant/Insurance Company, has been awarded to the opposite parties No. 1 & 2/claimants.

Upon hearing Mr. Goswami, learned counsel for the applicant/Insurance Company, and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 30.10.2018, passed by the learned Member, MACT No. 1, Kamrup, Guwahati, in MAC Case No. 2504/2009, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

The interlocutory application stands allowed and accordingly disposed of.

JUDGE Comparing Assistant