Gauhati High Court
The New India Assurance Co. Ltd vs Mostt. Nurjahan Bewa And 7 Ors on 9 October, 2023
Page No.# 1/4
GAHC010230082019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2932/2023
THE NEW INDIA ASSURANCE CO. LTD.
A COMPANY REGD UNDER THE COMPANIES ACT
1956 REP. BY ITS REGIONAL MANAGER
GS ROAD
GUWAHATI- 5
DIST- KAMRUP
ASSAM
VERSUS
MOSTT. NURJAHAN BEWA AND 7 ORS
W/O- LATE TOJU SK
R/O- VILL- ANGARKATA PT-II
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349
2:MOSSTT SOBIRAN BEWA
W/O- LATE HOSSAIN ALI
R/O- VILL- ANGARKATA PT-II
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349
3:MD. NURJAMAL (MINOR)
S/O- LATE TOJU SK
R/O- VILL- ANGARKATA PT-II
Page No.# 2/4
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349
4:MD. SURJAMAL SK (MINOR)
S/O- LATE TOJU SK
R/O- VILL- ANGARKATA PT-II
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349
5:MISS TOSLIMA KHATUN (MINOR)
D/O- LATE TOJU SK
R/O- VILL- ANGARKATA PT-II
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349
6:MISS MOSLEMA KHATUN
D/O- LATE TOJU SK
R/O- VILL- ANGARKATA PT-II
UNDER P.O AND P.S- BOGRIBARI
DIST- KOKRAJHAR
BTC
ASSAM
783349 (3 TO 6 BEING MINOR REP BY THEIR NATURAL GUARDIAN I.E
MOTHER
MOSTT NURJAHAN BEWA
THE RES. NO. 1)
7:THE MANAGER
SAI PARIVAHAN PVT LTD
PERMANENT ADDRESS 7/1 LORD SINHA ROAD
MIDDLETON
R NO. 204-06
DIST- KOLKATA
WEST BENGAL- 700071
TEMPORARY ADDRESS PR HILL
KOHIMA 797001
NAGALAND
8:BINOD SINGH
S/O- K SINGH
13 BT ROAD
KOL 2
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P.S- KASIPUR
DIST- 24 PARGANA
WEST BENGAL 743345
------------
Advocate for : MRS B ACHARYA
Advocate for : MR. I A TALUKDAR(R1
2) appearing for MOSTT. NURJAHAN BEWA AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 09.10.2023
Heard Mr. A. Acharya, learned counsel for the applicant. Also heard Mr. I. A. Talukdar,
learned counsel, appearing on behalf of Opposite Parties No. 1 to 6.
This is an application praying for stay of the operation of the impugned judgment, dated
29.09.2014, passed by the learned Member, MACT Kokrajhar, in MAC Case No. 03/2013,
whereby compensation to the tune of Rs. 5,60,000/- has been awarded to the opposite parties
No. 1 to 6/claimants.
Upon hearing the learned counsels for the parties and on perusal of the materials made
available on record; it is hereby directed that the operation of the impugned judgment, dated
29.09.2014, passed by the learned Member, MACT Kokrajhar, in MAC Case No. 03/2013,
shall remain stayed subject to deposit of 50% of the awarded amount by the
applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks
from today.
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On such deposit being made by the applicant/Insurance Company, the opposite parties
No. 1 to 6/claimants shall be allowed to withdraw the deposited amount, in question, on
furnishing an indemnity bond(s) by the opposite parties No. 1 to 6/claimants and after properly
identified by the engaged counsel by following the due process of identification as notified by
the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands disposed of.
JUDGE
Comparing Assistant
