Shriram General Insurance Co.Ltd vs Bijala Sawtal And 2 Ors
2023 Latest Caselaw 2348 Gua

                                                               Page No.# 1/3

GAHC010087392023




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

                             I.A.(Civil)/1528/2023

         SHRIRAM GENERAL INSURANCE CO.LTD
         0500-E/8 RIICO INDUSTRIAL AREA SITAPURA
          JAIPUR
          RAJASTHAN 302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE 3RD
         FLOOR
          21 JANAPATH
          ULUBARI
          GUWAHATI 780507


          VERSUS

         BIJALA SAWTAL AND 2 ORS.
         W/O LATE KALU SAWTAL RESIDENT OF VILLAGE MOYNAGORH T.E PO
         DALOO
         PS BORKHOLA
         DIST CACHAR
         ASSAM 788110

         2:SRI BARSHA SAWTAL
         S/O LATE SWAPAN SAWTAL
         RESIDENT OF VILLAGE MOYNAGORH T.E PO DALOO
          PS BORKHOLA
          DIST CACHAR
         ASSAM 788110
          3:MD. SIKANDAR ALI BARBHUIYA

         S/OO LATE ANAR ALI BARBHUIYA

         RESIDENT OF LATHIGRAM
         PS UDHARBOND
         DIST CACHAR
         ASSAM 788030
         ------------
                                                         Page No.# 2/3

Advocate for : MS. P BORTHAKUR
Advocate for : appearing for BIJALA SAWTAL AND 2 ORS.

                     Case No. : MFA/36/2023

 SHRIRAM GENERAL INSURANCE CO.LTD
 0500-E/8 RIICO INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTHAN
 302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE 3RD FLOOR,
 21 JANAPATH, ULUBARI, GUWAHATI 780507



 VERSUS

 BIJALA SAWTAL AND 2 ORS.
 W/O LATE KALU SAWTAL
 RESIDENT OF VILLAGE MOYNAGORH T.E PO DALOO, PS BORKHOLA,
 DIST CACHAR, ASSAM 788110

 2:SRI BARSHA SAWTAL
  S/O LATE SWAPAN SAWTAL
 RESIDENT OF VILLAGE MOYNAGORH T.E PO DALOO
  PS BORKHOLA
  DIST CACHAR
 ASSAM 788110

 3:MD. SIKANDAR ALI BARBHUIYA

 S/OO LATE ANAR ALI BARBHUIYA

 RESIDENT OF LATHIGRAM
 PS UDHARBOND
 DIST CACHAR
 ASSAM 78803

Advocate for the Petitioner   : MS. P BORTHAKUR

Advocate for the Respondent :
                                                                       Page No.# 3/3

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 05.06.2023 Heard Mr. R. Goswami, the learned counsel appearing on behalf of the Applicant.

2. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the operation of the judgment and order dated 20/2/2023 passed by the learned Commissioner for Employees Compensation, Cachar in E.C. Case No. 24/2016.

3. After hearing the learned counsel for the Applicant and taking into account that the only case of the Applicant is that the right of recovery has not been given to the Applicant/Insurance Company for which the Insurance Company is aggrieved, this Court finds no reason to withhold the awarded sum to the Respondent Nos. 1 & 2/ Claimant Nos. 1 & 2. Accordingly, this Court therefore disposes off this Interlocutory Application directing the Applicant/Insurance Company to deposit the entire amount before the Registry within a period of six weeks from the date of the instant order.

4. The Opposite Party Nos. 1 & 2/Claimant Nos. 1 & 2 shall be entitled to withdraw the said amount by filing appropriate application before the Registry and the Registry shall upon necessary verification release the said amount to the Opposite Party Nos. 1 & 2/Claimant Nos.1 & 2.

5. The I.A. stands disposed off accordingly.

JUDGE

Comparing Assistant