M/S United India Insurance Co. Ltd vs Musstt Jesminara Khatun And 6 Ors
2022 Latest Caselaw 3360 Gua

                                                                      Page No.# 1/2

GAHC010251752019




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

                           Case No.: I.A.(Civil)/2596/2022

         M/S UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI-600014 WITH ONE OF ITS REGIONAL OFFICE AT G S ROAD
         CHIBBER HOUSE
         NEAR DISPUR OLD POST OFFICE
         DISPUR
         GUWAHATI-781007


          VERSUS

         MUSSTT JESMINARA KHATUN AND 6 ORS
         W/O LT. ABDUL MATIN
         R/O VILL-SARU RADHAATI
         P.O. AND P.S.-DHING
         DIST-NAGAON
         ASSAM


          ------------

Advocate for : MR. J C CHAUDHURY

Advocate for : MRS. P B HAZARIKA appearing for MUSSTT JESMINARA KHATUN AND 6 ORS Page No.# 2/2

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

05.09.2022 Heard Mr. G. S. Boro, the learned counsel for the applicant and Ms. P. B. Hazarika, the learned counsel for the respondent Nos. 1 to 5.

This is an application for stay of the impugned judgment and award dated 18.04.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.109/2015 thereby awarding a sum of Rs.8,60,200/- and a cost of Rs.1000/- with interest @ 7% per annum from the date of filing of the claim petition.

The accompanying appeal has already been admitted. The grounds taken in the accompanying appeal is that the driver of the offending vehicle had a fake licence. Further to that, the quantum of compensation has also been challenged.

Taking into consideration the above, this Court stays the impugned judgment and award dated 18.04.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.109/2015 subject to deposit of 50% of the said awarded amount before the Registry of this Court within 6 (six) weeks from today.

The claimant No.1 to 5 shall be entitled to withdraw the said amount by filing appropriate application before the Registry of this Court.

In view of the above, the I. A. stands disposed of.

JUDGE

Comparing Assistant