National Insurance Company Ltd vs Horbi Khyllait And 3 Ors
2023 Latest Caselaw 3664 Gua

                                                                 Page No.# 1/3

GAHC010134612023




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




                            Case No. : I.A.(Civil)/1828/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         GS ROAD
         GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE

          VERSUS

         HORBI KHYLLAIT AND 3 ORS.
         W/O SRI ROSMEL KHARTHNGMAW
         MOTHER OF LATE DROKEN KHYLLAIT
         PERMANENT RESIDENT OF VILLAGE NONGLYPUT
         PO MAIRANG
         PS MAIRANG
         DIST WEST KHASI HILLS
         MEGHALAYA
         793120 RESIDENT OF (AT THE TIME OF ACCIDENT) C/O SWAL KHASIA
         SON OF LATE HELEN KHASIA
         VILLAGE RATACHERRA
         PO AND PS KATIGORAH
         DIST CACHAR
         ASSAM 788805

         2:SRI ROSMEL KHARTHNGMAW
         S/O HILIMAI KHYLLAIT
          PERMANENT RESIDENT OF VILLAGE NONGLYPUT
          PO MAIRANG
          PS MAIRANG
          DIST WEST KHASI HILLS
          MEGHALAYA
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          793120
          RESIDENT OF (AT THE TIME OF ACCIDENT) C/O SWAL KHASIA
          SON OF LATE HELEN KHASIA
          VILLAGE RATACHERRA
          PO AND PS KATIGORAH
          DIST CACHAR
          ASSAM 788805

          3:SMTI. BERNADEEN MARWEIN
          W/O MR. A. SHULLAI
          RESIDENT OF VILLAGE LOWER MOPREM
          LUMSOHPOH
          SHILLONG
          DIST EAST KHASI HILLS
          MEGHALAYA 793002

          4:SRI JOHN WAYNE NONGLESEH
          S/O LATE KOSTELY NONGLESH
          PO UMSNING
          PS NONGPOH
          DIST RI BHOI
          MEGHALAYA
          793105
          ------------
          Advocate for : MR T KALITA
          Advocate for : appearing for HORBI KHYLLAIT AND 3 ORS.



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 12.09.2023 Heard Mr. T. Kalita, learned counsel for the applicant.

This interlocutory application has been filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for staying of operation of the impugned judgment and order dated 18.03.2023 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 114/2012 which is put to challenge in MAC Appeal No. 249/2023.

Issue notice to the opposite parties/respondents.

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The applicant shall take steps for issuance of notice to the opposite parties/respondents by registered post with A/D within three days from the date of this order, returnable after three weeks.

The prayer for interim stay shall be considered after service of notice on the opposite parties.

JUDGE

Comparing Assistant