Gauhati High Court
Cholamandalam Ms General ... vs Musst. Sureja Begum And 4 Ors on 6 January, 2023
Page No.# 1/4
GAHC010312572019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./875/2022
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
2ND FLOOR, NO.2 N.S.C.. BOSE ROAD, CHENNAI-600001 AND ITS BRANCH
OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH
COLLEGE, G.S. ROAD, GUWAHATI AND IS REPRESENTED BY THE
BRANCH MANAGER AS O.P. NO.3 IN MAC CASE NO. 1323/2015.
VERSUS
MUSST. SUREJA BEGUM AND 4 ORS
WIFE OF MD. REKHMAN ALI LASKAR, RESIDENT OF VILLAGE DUDPATIL,
MADHURAMUKH PT-VI, P.O. HATICHERRA, P.S. SILCHAR, DISTRICT
CACHAR, ASSAM, PIN 788002
2:MD. REKHMAN ALI LASKAR
SON OF LATE DOULAT MIA LASKAR
RESIDENT OF VILLAGE DUDPATIL
MADHURAMUKH PT-VI
P.O. HATICHERRA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788002
3:MISS SHEPI BEGUM LASKAR
DAUGHTER OF MD. REKHMAN ALI LASKAR
RESIDENT OF VILLAGE DUDPATIL
MADHURAMUKH PT-VI
P.O. HATICHERRA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
Page No.# 2/4
PIN 788002
4:SRI DEBASISH SUKLABAIDYA
SON OF LATE DAKSHINA RANJAN SUKLABAIDYA
RESIDENT OF VILLAGE CHIBITA BICHIA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788001. OWNER OF THE VEHICLE NO. AS-11BC-0440 MINI BUS
5:SRI ADITYA MALLIK
S/O SRI SUSHENDRA MALLIK
RESIDENT OF VILLAGE KURKURI PT-IV
P.O. KALAIN
P.S. KATIGORAH
DISTRICT CACHAR
ASSAM
PIN 788815. DRIVER OF THE VEHICLE NO. AS-11-BC-0440 MINI BUS
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :
Linked Case : I.A.(Civil)/3866/2022
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE
2ND FLOOR
NO.2 N.S.C.. BOSE ROAD
CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
4TH FLOOR
OPPOSITE TO S.B. DEORAH COLLEGE
G.S. ROAD
GUWAHATI AND IS REPRESENTED BY THE BRANCH MANAGER AS O.P.
NO.3 IN MAC CASE NO. 1323/2015.
VERSUS
MUSST. SUREJA BEGUM AND 4 ORS
WIFE OF MD. REKHMAN ALI LASKAR
RESIDENT OF VILLAGE DUDPATIL
MADHURAMUKH PT-VI
Page No.# 3/4
P.O. HATICHERRA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788002
2:MD. REKHMAN ALI LASKAR
SON OF LATE DOULAT MIA LASKAR
RESIDENT OF VILLAGE DUDPATIL
MADHURAMUKH PT-VI
P.O. HATICHERRA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788002
3:MISS SHEPI BEGUM LASKAR
DAUGHTER OF MD. REKHMAN ALI LASKAR
RESIDENT OF VILLAGE DUDPATIL
MADHURAMUKH PT-VI
P.O. HATICHERRA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788002
4:SRI DEBASISH SUKLABAIDYA
SON OF LATE DAKSHINA RANJAN SUKLABAIDYA
RESIDENT OF VILLAGE CHIBITA BICHIA
P.S. SILCHAR
DISTRICT CACHAR
ASSAM
PIN 788001. OWNER OF THE VEHICLE NO. AS-11BC-0440 MINI BUS
5:SRI ADITYA MALLIK
S/O SRI SUSHENDRA MALLIK
RESIDENT OF VILLAGE KURKURI PT-IV
P.O. KALAIN
P.S. KATIGORAH
DISTRICT CACHAR
ASSAM
PIN 788815. DRIVER OF THE VEHICLE NO. AS-11-BC-0440 MINI BUS.
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for MUSST. SUREJA BEGUM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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ORDER
Date : 06.01.2023
Heard Mr. R. Goswami, learned counsel for the appellant and Mr. S. P.
Sarma, learned counsel for the respondent No. 1 to 3.
Since the connected appeal has already been admitted for hearing, the
operation of the impugned judgment and award dated 20.07.2019 passed by
the learned MACT, Cachar in MAC Case No. 1323/2015 shall remain stayed till
disposal of the appeal subject to payment of 50% of the awarded amount in the
Registry within one week.
The claimant shall be at liberty to withdraw the aforesaid amount upon
proper verification.
The interlocutory application stands disposed of.
JUDGE
Comparing Assistant
