National Insurance Company ... vs Anima Barman And 2 Ors
2023 Latest Caselaw 3129 Gua

                                                             Page No.# 1/2

GAHC010117122023




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

                       Case No. : I.A.(Civil)/2337/2023
                                      in
                            MACApp./316/2023

         NATIONAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         G.S. ROAD
         GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE.


          VERSUS

         ANIMA BARMAN AND 2 ORS.
         W/O LATE DIBYENDU BARMAN
         VILL.- NIZ JULUKI
         P.S.- BARAMA
         DIST.- BAKSHA
         ASSAM
         PIN- 781346.

         2:BHOBANANDA BORO
         S/O DINESH BORO

         VILL.- SORU SOKADAL
         P.S.- SIMLA
         DIST.- BAKSHA
         ASSAM
         PIN- 781330.
         3:ANANTA BARMAN
         S/O LATE TITHIRAM BARMAN

         VILL.- KHARUAJAN
         P.S.- BARAMA
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           DIST.- BAKSHA
           ASSAM
           PIN- 781346.
           ------------
           Advocate for : MR T KALITA
           Advocate for : appearing for ANIMA BARMAN AND 2 ORS.


                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

14.08.2023 Head Shri T. Kalita, learned counsel for the applicant, who by means of the application has prayed for stay of the judgment and award dated 28.02.2023 passed by the learned MACT, Nalbari in MAC Case No. 48/2016. The appeal preferred against the judgment has been admitted today i.e. 14.08.2023 in the connected MACApp./316/2023.

Shri Kalita, 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, Nalbari 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 28.02.2023 passed by the learned MACT, Nalbari in MAC Case No. 48/2016 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