Page No.# 1/3 vs Musstt. Habibun Nessa Laskar And 3 ...
2023 Latest Caselaw 1162 Gua

                                                                    Page No.# 1/3

GAHC010154772020




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

                                 Case No. : MACApp./88/2023

            CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154,
            2ND FLOOR ,THAMBU CHETTY STREET, CHENNAI- 600001 AND NORTH
            EAST STATE OFFICE AT ASTHA PLAZA, 4TH FLOOR, OPPOSITE TO
            DEORAH COLLEGE, BORA SERVICE, ULUBARI, G.S. ROAD, GUWAHATI-
            781005.



            VERSUS

            MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS. (A)
            W/O- LATE BADAR UDDIN LASKAR @ BADOR, R/O- VILL. AND P.O.
            JAMALPUR, P.S. DHOLAI, DIST.- CACHAR, ASSAM, PIN- 788120.

            2:MISS RESHMINA BEGUM LASKAR
             D/O- LATE BADAR UDDIN LASKAR @ BADOR
             R/O- VILL. AND P.O. JAMALPUR
             P.S. DHOLAI
             DIST.- CACHAR
            ASSAM
             PIN- 788120

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/706/2023

            CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD.
                                                                        Page No.# 2/3

          HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154
          2ND FLOOR
          THAMBU CHETTY STREET
          CHENNAI- 600001 AND NORTH EAST STATE OFFICE AT ASTHA PLAZA
          4TH FLOOR
          OPPOSITE TO DEORAH COLLEGE
          BORA SERVICE
          ULUBARI
          G.S. ROAD
          GUWAHATI-781005.


          VERSUS

          MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS.
          W/O- LATE BADAR UDDIN LASKAR @ BADOR
          R/O- VILL. AND P.O. JAMALPUR
          P.S. DHOLAI
          DIST.- CACHAR
          ASSAM
          PIN- 788120

          2:MISS RESHMINA BEGUM LASKAR
          D/O- LATE BADAR UDDIN LASKAR @ BADOR
           R/O- VILL. AND P.O. JAMALPUR
           P.S. DHOLAI
           DIST.- CACHAR
          ASSAM
           PIN- 788120.
           ------------
          Advocate for : MR. K K BHATTA
          Advocate for : appearing for MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS.



                                    BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

22. 03. 2023

Heard Mr. KK Bhatta, learned counsel for the applicant. Also heard Mr. Talukdar, learned counsel for the claimant/ respondent Nos. 1 and 2.

This is an application for stay of operation of the impugned judgment Page No.# 3/3

and award dated 20.11.2019 passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC case No. 216/2014.

The learned counsel for the Insurance Company has specifically assailed the determination of monthly income of the deceased claimant to be Rs. 10,500/- and according to the appellant it is beyond proof and in excess. Accordingly, he submits that the Insurance Company shall have no objection if the income is determined as Rs. 6,000/-.

Considering such submission, subject to final determination whether the learned court below has rightly decided the monthly income of the claimant or not, the impugned judgment and award dated 20.11.2019 passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC case No. 216/2014 is stayed subject to deposit of Rs. 12,00,000/- within a period of six weeks along with interest accrued till date.

Registry may allow the claimant to withdraw the same as per extant norms and after proper verification.

IA stands disposed of.

JUDGE

Comparing Assistant