Sbi General Insurance Company Ltd vs Rafiqul Islam And Anr
2023 Latest Caselaw 2588 Gua

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GAHC010129632023




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

                                 I.A.(Civil)/1704/2023

           SBI GENERAL INSURANCE COMPANY LTD
           JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD
            ANDHERI EAST MUMBAI 400069 REGIONAL OFFICE AT 4TH FLOOR
            B BLOCK
            APEEJAY HOUSE
            15 PARK STREET KOLKATA 700016 AND BRANCH OFFICE AT 2ND FLOOR
            LAKSHMI DARSHAN BUILDING
            OPP. BORA SERVICE
            GS ROAD
            ULUBARI
            GUWAHATI 781007
            ASSAM


           VERSUS

           RAFIQUL ISLAM AND ANR.
           S/O LATE SABARUDDIN
           RESIDENT OF VILLAGE BHUTPUKHURI
           PS KHARUPETIA
           DIST DARRANG
           ASSAM 784115

           2:MD. MAMATAZ ALI

           S/O LATE MAZIBAR RAHMAN
           RESIDENT OF VILLAGE DUMUNICHOWKI
           PS SIPAJHAR
           DIST KAMRUP
           ASSAM 784145
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : appearing for RAFIQUL ISLAM AND ANR.
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                                     Case No. : MACApp./232/2023

            SBI GENERAL INSURANCE COMPANY LTD
            JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
            ROAD, ANDHERI EAST MUMBAI 400069 REGIONAL OFFICE AT 4TH FLOOR,
            B BLOCK, APEEJAY HOUSE, 15 PARK STREET KOLKATA 700016 AND
            BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPP.
            BORA SERVICE, GS ROAD, ULUBARI, GUWAHATI 781007, ASSAM



            VERSUS

            RAFIQUL ISLAM AND ANR.
            S/O LATE SABARUDDIN,
            RESIDENT OF VILLAGE BHUTPUKHURI, PS KHARUPETIA, DIST
            DARRANG, ASSAM 784115

            2:MD. MAMATAZ ALI

            S/O LATE MAZIBAR RAHMAN
            RESIDENT OF VILLAGE DUMUNICHOWKI
            PS SIPAJHAR
            DIST KAMRUP
            ASSAM 78414

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 19.06.2023

Heard Mr. R. Goswami, the learned counsel appearing on behalf of the Applicants.

2. This is an application for stay of the Award dated 13/3/2023 passed by the learned Member, MACT, Darrang in MAC (I) Case No. 25/2019 whereby the learned Tribunal had arrived at an amount of Rs. 18,98,113/- along with Page No.# 3/3

interest @6% per annum from the date of filing of the case till the date of payment which shall be the just and fair compensation.

3. Upon perusal of the judgment and the materials available on record, this Court is of the opinion that the interest of justice would be met in staying the impugned Judgment and Award dated 13/3/2023 passed in MAC (I) Case No. 25/2019 subject to deposit of 50% of the said amount before the Registry of this Court .

4. The Respondents herein shall be at liberty to file appropriate application before the Registry and the Registry shall upon necessary verification release the said amount to the Respondents.

5. The IA accordingly stands disposed off.

JUDGE

Comparing Assistant