New India Assurance Company Ltd vs Mrs. Tura Banu And Anr
2022 Latest Caselaw 3810 Gua

                                                                    Page No.# 1/2

GAHC010249552019




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


                          Case : I.A.(Civil)/2963/2022

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         G.S. ROAD
         GUWAHATI-781007


          VERSUS

         MRS. TURA BANU AND ANR
         W/O LT. NUR UDDIN
         R/O VILL. PUB-ROUMARI
         P.S. BATADRAWA
         DIST. NAGAON
         ASSAM
         PIN-782122(CLAIMANT)

         2:LONGKI PHANGCHO
         S/O MONIRAM PHANGCHO
          R/O TEACHERS COLONY
          P.O. DIPHU
          P.S. DIPHU
          DIST. KARBIANGLONG
         ASSAM
          PIN-782460(OWNER OF THE VEHICLE NO. AS-09/C/9754)
          ------------
         Advocate for : MR. R GOSWAMI
         Advocate for : MR. M TALUKDAR appearing for MRS. TURA BANU AND ANR
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 26.09.2022 Heard Mr. R. Goswami, learned counsel for the applicant/ Insurance Company and Mr. M. Talukdar, learned counsel for the respondent No. 1/ claimant.

By filing this interlocutory application, the applicant/Insurance Company has prayed for stay of the operation of the impugned judgment and award dated 24.06.2019, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC Case No. 27/2016 (Death).

As the appeal is admitted, the prayer for stay of the operation of the impugned judgment and award dated 24.06.2019, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC Case No. 27/2016 (Death) 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 claimant/ respondent No. 1 is at liberty to withdraw the said amount, after proper verification and identification of the claimant by the concerned learned counsel.

The I.A. stands disposed of.

JUDGE

Comparing Assistant