National Insurance Company Ltd vs Pompi Roy And 5 Ors. A
2022 Latest Caselaw 3599 Gua

                                                               Page No.# 1/3

GAHC010051422021




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


                              Case : I.A.(Civil)/2616/2022
                                     in
                             MAC Appeal No. 595 of 2022

         NATIONAL INSURANCE COMPANY LTD.
         REGISTERED HEAD OFFICE AT 3
         MIDDLETON STREET
         CALCUTTA- 700071
         REP. BY THE A.O.
         NATIONAL INSURANCE CO. LTD.
         GAUHATI REGIONAL OFFICE
         BHANGAGARH
         GUWAHATI- 781005.


          VERSUS

         POMPI ROY AND 5 ORS. A
         W/O- LATE BAPPA ROY.

         2:VIKY ROY
         S/O- LATE BAPPA ROY.
          3:AKASH ROY
         S/O- LATE BAPPA ROY.
          4:BIKRAM ROY
         S/O- LATE BAPPA ROY. ALL ARE RESIDENTS OF RONGPUR KARATIGRAM
          P.O. RONGPUR
          P.S. SILCHAR
          DIST.- CACHAR
         ASSAM
          PIN- 788009. (OPPOSITE PARTY NO. 2
          3 AND 4 ARE REP. BY OPPOSITE PARTY NO. 1).
          5:M/S. ABCI INFRASTRUCTURE PVT. LTD.

         CLUB ROAD
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         CAPITAL TRAVELS BUILDING
         P.O. AND P.S. SILCHAR
         DIST.- CACHAR
         ASSAM
         PIN- 788001.
         6:L. MONOJIT SINGH
         S/O- SRI L. IBUNGTON SINGH
         R/O- VILL.- LOWAIRPOA
         ATHAIRBASTI
         P.O. AND P.S. BAZARICHERRA
         DIST.- KARIMGANJ
         ASSAM
         PIN- 788727.
         ------------
         Advocate for : MS. R D MOZUMDAR
         Advocate for : MR. R MAJUMDAR appearing for POMPI ROY AND 5 ORS. A



                             BEFORE
                HONOURABLE MRS. JUSTICE MALASRI NANDI

                                    ORDER

Date : 16.09.2022 Heard Ms. R.D. Mozumdar, learned counsel for the appellant/ Insurance Company and Mr. M. Talukdar, learned counsel for the respondent Nos. 1, 2, 3 and 4/ claimants. Also heard Mr. M.K. Nath, learned counsel for the respondent No. 5/ owner.

By filing this interlocutory application, the applicant/ appellant/ Insurance Company has prayed for stay of the operation of the impugned judgment and award dated 24.04.2019, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 94/2016.

As the appeal is admitted, the prayer for stay of the operation of the impugned judgment and award dated 24.04.2019, passed by the Page No.# 3/3

learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 94/2016 is hereby stayed, subject to deposit of 50% of the awarded amount by the Insurance Company/ applicant/ appellant to the Registry of this Court within six weeks from today.

The claimant/ respondent Nos. 1 to 4 are at liberty to withdraw the said amount, after proper verification and identification of the claimants by the concerned learned counsel.

The I.A. stands disposed of.

JUDGE

Comparing Assistant