Gauhati High Court
United India Insurance Co. Ltd vs Hanufa [email protected] Hanifa Bibi And 2 Ors on 12 September, 2022
Page No.# 1/3
GAHC010090332019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1432/2019
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD,
DISPUR, GUWAHATI- 781005.
VERSUS
HANUFA [email protected] HANIFA BIBI AND 2 ORS.
W/O- MD. SADIR ALI, R/O- VILL.- FOTURI, P.O. FOTURI, P.S. PALASHBARI,
DIST.- KAMRUP, ASSAM, PIN- 781122.
2:SRI PULIN KUMAR DAS
S/O- SRI NILAMANI DAS
R/O- VILL.- SANTIPUR HILL SIDE
P.O. AND P.S. BHARALUMUKH
DIST.- KAMRUP (M)
ASSAM
PIN- 781009. (OWNE OF VEHICLE NO. AS-01/M-7269 (MOTOR CYCLE).
3:MD. ALAUDDIN AHMED
S/O- ABDUR RAHMAN
R/O- VILL.- MAHGARH
P.O. AGGUMI
P.S. CHAYGAON
DIST.- KAMRUP (R)
ASSAM
PIN- 781124. (DRIVER OF VEHICLE NO. AS-01/M-7269 (MOTOR CYCLE)
Advocate for the Petitioner : MR. A J SAIKIA
Advocate for the Respondent :
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Linked Case : MACApp./243/2019
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
DISPUR
GUWAHATI- 781005.
VERSUS
HANUFA [email protected] HANIFA BIBI AND 2 ORS.
W/O- MD. SADIR ALI, R/O- VILL.- FOTURI
P.O. FOTURI, P.S. PALASHBARI
DIST.- KAMRUP, ASSAM, PIN- 781122.
2:SRI PULIN KUMAR DAS
S/O- SRI NILAMANI DAS
R/O- VILL.- SANTIPUR HILL SIDE
P.O. AND P.S. BHARALUMUKH
DIST.- KAMRUP (M), ASSAM
PIN- 781009. (OWNE OF VEHICLE NO. AS-01/M-7269 (MOTOR CYCLE).
3:MD. ALAUDDIN AHMED
S/O- ABDUR RAHMAN, R/O- VILL.- MAHGARH
P.O. AGGUMI, P.S. CHAYGAON
DIST.- KAMRUP ®, ASSAM
PIN- 781124. (DRIVER OF VEHICLE NO. AS-01/M-7269 (MOTOR CYCLE).
------------
Advocate for : MR. A J SAIKIA
Advocate for : MR D MONDAL (R-1) appearing for HANUFA [email protected] HANIFA BIBI
AND 2 ORS.
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 12.9.2022
Heard Mr. A. J. Saikia, learned counsel for the applicant
alongwith Mr. D. Mondal, learned counsel for the respondent No. 1.
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This is an application for stay of operation of the impugned
judgment and order dated 21.1.2019 passed by the learned Member
Motor Accident Claims Tribunal No. 2 Kamrup, Guwahati in MAC
Case No. 2400/2014.
Mr. D. Mondal, learned counsel for the opposite party has not raised
any objection subject to the deposit of 50% of awarded amount
which may be allowed to be withdrawn by respondent No.1.
On hearing both the learned counsel for the parties, this court finds
it fit to allow the stay of the operation of the judgment and order
dated 21.1.2019 passed by the learned MACT No. 2, Kamrup,
Guwahati in MAC Case No. 2400 of 2014 subject to the deposit of
50% of the awarded amount by the applicant within six weeks. On
the deposit of the said amount by the applicant, the respondent No.
1 shall be allowed to withdraw the said amount by executing bond
of the like amount.
In view of the above, IA(C) 1432/2019 stands allowed and disposed
of.
JUDGE
Comparing Assistant
