United India Insurance Company ... vs Bharati Saikia And Ors . B
2023 Latest Caselaw 677 Gua

                                                                 Page No.# 1/3

GAHC010255932022




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

                         Case No. : MACApp./876/2022

         UNITED INDIA INSURANCE COMPANY LIMITED .
         A PUBLIC UNDERTAKING COMPANY , REGISTERED AND INCORPORATED
         UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT
         24 WHITES ROAD, CHENNAI, 600014 WITH ONE OF ITS REGIONAL OFFICE
         AT CHIBBER HOUSE, 2ND FLOOR, G.S ROAD, GUWAHATI 5, REPRESENTED
         BY ITS REGIONAL MANAGER, GUWAHATI ASSAM



         VERSUS

         .1 BHARATI SAIKIA AND ORS . B
         W/O LATE GANESH SAIKIA, RESIDENT OF OUBARI, PO OUBARI, PS
         ORANG, DIST KAMRUP , ASSAM 781364

         1.2:MISS ANJUMONI SAIKIA

          D/O LATE GANESH SAIKIA

         RESIDENT OF OUBARI
          PO OUBARI
          PS ORANG
          DIST KAMRUP
         ASSAM
         781364

         2:SRI KULADHAR DEKA
          S/O BABUL CH. DEKA
         RESIDENT OF VILLAGE LATHIA BAGISHA
         AMINGAON
          PO AND PS NORTH GUWAHATI
          DIST KAMRUP
         ASSAM 781030
                                                                   Page No.# 2/3

            3:SRI HAREN RAJBONGSHI

             S/O DINESH RAJBONGSHI

            RESIDENT OF VILLAGE NALBARI
            WARD NO. 2
            PO AND PS UDALGURI
            DARRANG
            ASSAM 78450

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent : MR. J SAIKIA




             Linked Case : I.A.(Civil)/3869/2022

            UNITED INDIA INSURANCE COMPANY LIMITED .
            A PUBLIC UNDERTAKING COMPANY
            REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT
            1956
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
            CHENNAI
            600014 WITH ONE OF ITS REGIONAL OFFICE AT CHIBBER HOUSE
            2ND FLOOR
            G.S ROAD
            GUWAHATI 5
            REPRESENTED BY ITS REGIONAL MANAGER
            GUWAHATI ASSAM


             VERSUS

            BHARATI SAIKIA AND ORS .
            W/O LATE GANESH SAIKIA
            RESIDENT OF OUBARI
            PO OUBARI
            PS ORANG
            DIST KAMRUP
            ASSAM 781364


             ------------
             Advocate for : MR. R C PAUL
                                                                                         Page No.# 3/3

             Advocate for : appearing for BHARATI SAIKIA AND ORS .



                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                              ORDER

Date : --22.02.2023 Heard Mr. R.C. Paul, learned counsel for the applicant who has this application under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure (1908) praying for stay of the operation of the impugned judgment and award dated 02.08.2022 passed by the learned Member MACT No.1, Kamrup(M), at Guwahati in MAC Case No. 160/2018 awarding an amount of Rs. 14,42,800/- against the appellant along with an interest @ 6% per annum from the date of filing of the claim petition. The operation of the judgment and award dated 02.08.2022 shall remain stayed subject to the deposit of 50% of the awarded amount within 45 days in the Registry of this Court. Heard Mr. D. Mondal, learned counsel appearing for the respondent Nos. 1(a) and 1(b) who has prayed that he may be allowed to withdraw the 50% of the awarded amount deposited by the applicant subject to filing an indemnity bond by the respondent Nos. 1(a) and 1(b). The prayer is allowed and the respondent Nos. 1(a) and 1(b) is allowed to withdraw the said money on production of the indemnity bond. The I.A.(C) is disposed of.

JUDGE

Comparing Assistant