Sbi General Insurance Company Ltd vs Kanmai Moran And 5 Ors
2023 Latest Caselaw 3109 Gua

                                                               Page No.# 1/3

GAHC010174792023




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

                       Case No. : I.A.(Civil)/2341/2023
                                      in
                            MACApp./318/2023

         SBI GENERAL INSURANCE COMPANY LTD
         JUCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD
          ANDHERI (EAST)
          MUMBAI- 400069 REGIONAL OFFICE AT 4TH FLOOR
          B BLOCK
          APPEJAY HOUSE
          15 PARK STREET
          KOLKATA- 700016 AND BRANCH OFFICE AT 2ND FLOOR
          LAKSHMI DARSHAN BUILDING
          OPPOSITE BORA SERVICE
          G.S. ROAD
          ULUBARI
          GUWAHATI- 781007 (ASSAM).


          VERSUS

         KANMAI MORAN AND 5 ORS.
         W/O SRI BINANDA MORAN RESIDENT OF VILLAGE UPOR UBON
         PO AND PS KAKOPATHAR
         DIST. TINSUKIA
         ASSAM 786152

         2:SRI KALPAJYOTI MORAN
         S/O SRI BINANDA MORAN
         RESIDENT OF VILLAGE UPOR UBON
          PO AND PS KAKOPATHAR
          DIST. TINSUKIA
         ASSAM 786152
          3:SMTI PRASTUTI MORAN
         D/O SRI BINANDA MORAN
         RESIDENT OF VILLAGE UPOR UBON
                                                                       Page No.# 2/3

           PO AND PS KAKOPATHAR
           DIST. TINSUKIA
           ASSAM 786152
           4:SRI BINANDA MORAN
           F/O LATE MUNIP MORAN
           RESIDENT OF VILLAGE UPOR UBON
           PO AND PS KAKOPATHAR
           DIST. TINSUKIA
           ASSAM 786152
           5:SRI PRADIP BARUAH
           S/O SRI BIRAN BARUAH
           RESIDENT OF VILALGE PO AND PS TINGKHONG
           DIST DIBRUGARH
           ASSAM 786612
           6:SRI DEBAJIT GOGOI
           S/O SRI DINA GOGOI

           RESIDENT OF VILALGE MORAN AGUNIBARI

           PO AND PS TINGKHONG
           DIST DIBRUGARH
           ASSAM 786612
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for KANMAI MORAN AND 5 ORS.



                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

14.08.2023 Head Shri R. Goswami, learned counsel for the applicant, who by means of the application has prayed for stay of the judgment and award dated 29.05.2023 passed by the learned MACT, Kamrup (M) in MAC Case No. 926/2016. The appeal preferred against the judgment has been admitted today i.e. 14.08.2023 in the connected MACApp./318/2023.

Shri Goswami, learned counsel for the applicant submits that there are good ground of appeal which is likely to succeed.

Considering that the award has been passed by the learned MACT, Kamrup (M) Page No.# 3/3

that too in a death case, this Court is inclined to pass a conditional order of stay. It is accordingly directed that pending disposal of the appeal, the impugned judgment and award dated 29.05.2023 passed by the learned MACT, Kamrup (M) in MAC Case No. 926/2016 shall remain suspended, subject to the condition of deposit of 50% of the awarded amount in the Registry of this Court within a period of 2(two) months from today.

The IA accordingly stands disposed of.

JUDGE

Comparing Assistant