National Insurance Company Ltd vs Anarkali Devi And 3 Ors
2023 Latest Caselaw 2938 Gua

                                                            Page No.# 1/2

GAHC010127962023




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

         Linked Case : I.A.(Civil)/1874/2023
                  In MAC APP. No. 255/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
         REGIONAL OFFICE AT GS ROAD
         BHANGAGARH
         GUWAHATI 05

          VERSUS

         ANARKALI DEVI AND 3 ORS.
         W/O LATE HEM NARAYAN SINGH
         RESIDENT OF SEPON BAZAR
         PS MORANHAT
         PO SEPON
         785673
         DIST. CHARAIDEO
         ASSAM

         2:SRI RANJAN KUMAR SINGH
         S/O LATE HEM NARAYAN SINGH
          RESIDENT OF SEPON BAZAR
          PS MORANHAT
          PO SEPON
          785673
          DIST. CHARAIDEO
         ASSAM
          3:SRI RAJIB BANIA
         S/O LATE SUSAN BANIA
         RESIDENT OF SEPON T.E BETBARI
          PS MORAN, PO SEPON
          785640, DIST. DIBRUGARH
         ASSAM
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           4:UTPAL TANTI
           S/O SRI PAULUSH TANTI
           RESIDENT OF SEPON BETBARI 15 NO. LINE
           PS MORAN, PO SEPON
           785640, DIST. DIBRUGARH
           ASSAM
           ------------
           Advocate for : MR. K K BHATTA
           Advocate for : appearing for ANARKALI DEVI AND 3 ORS.


                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

07-08-2023 Heard Shri K. K. Bhatta, learned counsel for the applicant/appellant, who by means of this application has prayed for stay of the judgment and award dated 04.04.2023 passed by Member, MACT, Dibrugarh in MAC Case No. 20/2022.

The appeal has been admitted today in the connected appeal being MAC Case No. 255/2023 has been admitted today.

Shri Bhatta, learned counsel for the applicant has submitted that there was no driving license and therefore the award is not sustainable. He submits that there are good grounds of appeal which is most likely to succeed.

Considering the aforesaid submission and also the nature of the award which has been passed in a motor accident claim, it is directed that the judgment and award dated 04.04.2023 shall remain suspended subject to deposit of 50% of the amount in the Registry of this Court which is directed to be done within 2 (two) months from today.

IA stands disposed of.

JUDGE

Comparing Assistant