United India Insurance Co. Ltd vs Smti. Suko Kumari Tanti And 3 Ors
2022 Latest Caselaw 3972 Gua

                                                            Page No.# 1/2

GAHC010001772016




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

                         Case No. : .IA.(Civil)/2731/2022
                            In MACApp./644/2022


         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         MADRAS AND REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI 781005
         REPRESENTED BY ITS CHIEF REGIONAL MANAGER


          VERSUS

         SMTI. SUKO KUMARI TANTI and 3 ORS
         W/O SRI KULARAM TANTI

         2:KULARAM TANTI
         S/O LATE SATRUGHAN TANTI BOTH ARE R/O NUMALIGARH
         TEA ESTATE
          NO. 5 LINE
          P.O. NUMALIGARH
          P.S. GOLAGHAT
          DIST. GOLAGHAT
         ASSAM
          3:MD. JAHIDUR RAHMAN
         S/O LATE AJIJUR RAHMAN
          R/O PUB DAGAON
          P.O. BOKAKHAT
          DIST. GOLAGHAT
         ASSAM
          OWNER OF VEHICLE BEARING REGD. NO. AS-05/C-0986
          4:TILAK DAS

         S/O SRI GEJAL DAS
         R/O VILL. NO. 1
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             GORAIMARI GAON
             P.O. KAMARGAON
             DIST. GOLAGHAT
             ASSAM DRIVER OF VEHICLE BEARING REGD. NO. AS-05/C-0986
             ------------
             Advocate for : MS. N MODI
             Advocate for : MR. M DUTTA appearing for SMTI. SUKO KUMARI TANTI and 3
             ORS



                                       BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                        ORDER

30.09.2022 Heard S Dutta, learned counsel for the applicant/Insurance Company and Mr N M Dutta, learned counsel for the respondent Nos. 1 and 2.

This interlocutory application has been filed under Order XLI Rule 5 CPC, 1908, praying for stay of the operation of the Judgment and Award 07.07.2015, passed by the learned member, MACT, Golaghat, in MAC Case No. 54/2013.

As the appeal is admitted, the prayer of the applicant/Insurance Company is allowed.

The operation of the Judgment and Award dated 07.07.2015, passed by the learned member, MACT, Golaghat, in MAC Case No. 54/2013, is stayed, subject to payment of 50% of the awarded amount before the Registry, within 6 (weeks) from today, by the applicant/Insurance Company.

The claimant/respondent No. 1 is at liberty to withdraw the aforesaid amount, on proper verification and identification by the learned engaged counsel.

Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant