M/S. Shriram General Insurance ... vs Sufian Ahmed And 2 Ors
2022 Latest Caselaw 3798 Gua

                                                                Page No.# 1/3

GAHC010052722019




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


                               Case : I.A.(Civil)/2962/2022

         M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED HEAD OFFICE AT E-8
         EPIP
         SITAPURA INDUSTRIES AREA
         JAIPUR
         RAJASTHAN- 302022 WITH ONE OF ITS BRANCH OFFICE AT B.R. ARCHADE
         3RD FLOOR
         ULUBARI
         GUWAHATI- 781007
         (REP. BY ITS LEGAL OFFICER
         SRI RAJENDRA DUTTA
         32 YEARS).


          VERSUS

         SUFIAN AHMED AND 2 ORS.
         S/O- JALAL UDDIN
         PERMANENT RESIDENT OF VILL.- KURTI
         P.O.- KATHALTALI
         PIN- 788725
         P.S. BAZARICHERRA
         DIST.- KARIMGANJ
         ASSAM AND PRESENTLY RESIDING AT VILL.- ARANYAPUR
         P.S. KATLICHERRA
         PIN- 78861
         DIST.- HAILAKANDI
         ASSAM.

         2:ABU TAHIR MD. RAZAWOL KARIM

         S/O- MD. ABDUL AZIZ
                                                                           Page No.# 2/3

             R/O- VILL.- NEW NAVIPUR
             P.O. BARAIGRAM
             PIN- 788719
             P.S.- PATHAERKHANDI
             DIST.- KARIMGANJ
             ASSAM. (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-11
             BC-4255).
             ------------
             Advocate for : MR. P HAZARIKA
             Advocate for : MR. M H LASKAR appearing for SUFIAN AHMED AND 2 ORS.



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 26.09.2022 Heard Mr. R.P. Hazarika, learned counsel for the appellant/ Insurance Company and Mr. M. Talukdar, learned counsel for the respondent Nos. 1 and 2/ claimants.

By filing this interlocutory application, the applicant/Insurance Company has prayed for stay of the operation of the impugned judgment and award dated 25.06.2018, passed by the learned Member, Motor Accident Claims Tribunal, Hailakandi in MAC Case No. 219/2016.

As the appeal is admitted, the prayer for stay of the operation of the impugned judgment and award dated 25.06.2018, passed by the learned Member, Motor Accident Claims Tribunal, Hailakandi in MAC Case No. 219/2016 is hereby stayed, subject to deposit of 50% of the awarded amount by the Insurance Company/ applicant to the Registry of this Court within six weeks from today.

The learned counsel for the Insurance Company/ applicant submits that they have preferred appeal on the ground that as per G.D. Entry registered after the Page No.# 3/3

accident two vehicles were involved in the case, but FIR shows the number of other vehicles. As such claimants should execute a bond at the time of releasing money by the Registry, that if required, amount shall be refunded to the Insurance Company.

The learned counsel for the claimant/ respondent has made no objection on the prayer of the Insurance Company. Hence, prayer of the applicant is allowed.

The Registry is directed to do the needful at the time of releasing the amount to the claimants after proper verification and identification of the claimants by the concerned lawyer.

The I.A. stands disposed of.

JUDGE

Comparing Assistant