National Insurance Company ... vs Smti Bina Boro And 2 Ors
2022 Latest Caselaw 3539 Gua

                                                                     Page No.# 1/3

GAHC010016142019




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

                                Case No. : MACApp./702/2022

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT KOLKATA AND ONE OF THE
            REGIONAL OFFICES AT G.S. ROAD, GUWAHATI.



            VERSUS

            SMTI BINA BORO AND 2 ORS
            W/O- LATE DHANESHWAR BORO, R/O- VILL.- BHAKATPARA, P.S.
            KALAIGAON, DIST.- UDALGURI, ASSAM AND PRESENTLY RESIDING AT
            C/O- SUNIL DAS, VILL.- KHARUPETIA, WARD NO. 7, P.O. AND P.S.
            KHARUPETIA, DIST.- DARRANG, ASSAM, PIN- 784115

            2:SHRI BHABEN BORO
             S/O- LATE KHASTI BORO
            R/O- NO. 2 BORIGAON
             DIST.- UDALGURI
            ASSAM
             PIN- 784509.

            3:SHRI RUBUL HOQUE
             S/O- INUL HOQUE

            R/O- VILL. NO. 2 THEKERABARI
            P.O.- DHULA
            DIST.- DARRANG
            ASSAM
            PIN- 784146

Advocate for the Petitioner   : MR S S SHARMA

Advocate for the Respondent : MR A ALI
                                                                    Page No.# 2/3




Linked Case : I.A.(Civil)/1093/2019

NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AT KOLKATA AND ONE OF THE
REGIONAL OFFICES AT G.S. ROAD
GUWAHATI.


VERSUS

SMTI. BINA BORO AND 2 ORS.
W/O- LATE DHANESHWAR BORO

R/O- VILL.- BHAKATPARA
P.S. KALAIGAON
DIST.- UDALGURI
ASSAM AND PRESENTLY RESIDING AT C/O- SUNIL DAS
VILL.- KHARUPETIA
WARD NO. 7
P.O. AND P.S. KHARUPETIA
DIST.- DARRANG
ASSAM
PIN- 784115.

2:SHRI BHABEN BORO
S/O- LATE KHASTI BORO
R/O- NO. 2 BORIGAON
 DIST.- UDALGURI
ASSAM
 PIN- 784509.
 3:SHRI RUBUL HOQUE
S/O- INUL HOQUE

R/O- VILL. NO. 2 THEKERABARI
P.O.- DHULA
DIST.- DARRANG
ASSAM
PIN- 784146.
------------
Advocate for : MR S S SHARMA
Advocate for : MR A ALI appearing for SMTI. BINA BORO AND 2 ORS.
                                                                                    Page No.# 3/3

                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 14.9.2022

Heard Ms. L. Sarma, learned counsel for the appellant has prayed for staying of operation of the judgment and award dated 31.5.2018 passed by learned Tribunal, Darrang at Mangaldoi in MAC (D)Case No. 30/2016. Mr. R. Islam, learned counsel on behalf of Mr. M. Ali learned counsel for respondent No.1 has not raised any objection subject to the deposit of 50% of the awarded amount which may be allowed to be withdrawn by respondent claimant 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 31.5.2019 passed by the learned MACT, Darrang at Mangaldoi in MAC (D)Case No. 30 of 2016 subject to the deposit of 50% of the awarded amount by the applicant within four 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) 2843/2022 stands allowed and disposed of.

JUDGE

Comparing Assistant