Hdfc Ergo General Insurance Co. ... vs Momi Barman And 3 Ors
2023 Latest Caselaw 4403 Gua

                                                                  Page No.# 1/3

GAHC010226862023




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

                                 Case No: I.A.(Civil)/3115/2023


         HDFC ERGO GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
         H.T. PAREKH MARG
         169
         BACKBAY RECLAMATION
         MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
         BUILDING
         6TH FLOOR
         LACHIT NAGAR
         GS ROAD
         GUWAHATI
         ASSAM
         PIN- 781007.


          VERSUS

         MOMI BARMAN AND 3 ORS.
         S/O LATE JAGODISH SINGHA
         VILL.- AMGURI
         P.O. AND P.S.- AMGURI
         DIST.- CHIRANG
         BTAD
         ASSAM
         PIN- 783372.

         2:PRIYANKAN SINGHA
         S/O LATE JAGODISH SINGHA

         VILL.- AMGURI
         P.O. AND P.S.- AMGURI
         DIST.- CHIRANG
         BTAD
                                                                       Page No.# 2/3

          ASSAM
          PIN- 783372.
          3:AMOTI BALA SINGHA
          W/O LATE MAHENDRA CH. SINGHA

          VILL.- AMGURI
          P.O. AND P.S.- AMGURI
          DIST.- CHIRANG
          BTAD
          ASSAM
          PIN- 783372.
          4:MD. ALI AKBAR
          S/O BILAT HUSSAIN

          VILL.- NANGAL
          P.O.- JOYPUR
          P.S.- AMGURI
          DIST.- CHIRANG
          BTAD
          ASSAM
          PIN- 783372.
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for MOMI BARMAN AND 3 ORS.



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

Date : 17.10.2023 Heard Mr. R. Goswami, learned counsel for the applicant.

By filing this application under Section XLI, Rule V CPC, the applicant has prayed for stay of the judgment and award dated 04.07.2023, passed by the learned Member, MACT, Bongaigaon in MAC Case No.260/2019.

Issue notice returnable in 4 (four) weeks.

The applicant shall take steps within 2 (two) days for service of notice on the opposite parties by usual process as well as by registered post with A/D.

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The learned counsel for the applicant has submitted that the deceased was a Govt. employee and he would entitled to compassionate family pension scheme and the same is required to be deducted from the award and accordingly, it is submitted that the quantum of the award will be affected.

Accordingly, the enforcement of the impugned judgment and award dated 04.07.2023, passed by the learned Member, MACT, Bongaigaon in MAC Case No.260/2019 is stayed subject to deposit of 25% of the awarded money as condition for grant of stay, which should be deposited within a period of 6 (six) weeks from today.

It is made clear that if such deposit is not made, this order shall not be a bar for the enforcement of the award.

List after 4 (four) weeks.

JUDGE

Comparing Assistant