United India Insurance Co Ltd vs Nandita Pegu And 5 Ors
2024 Latest Caselaw 5556 Gua

Gauhati High Court

United India Insurance Co Ltd vs Nandita Pegu And 5 Ors on 5 August, 2024

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GAHC010011952023




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

                   Case No. : I.A.(Civil)/1579/2024 in MACApp./232/2024


         UNITED INDIA INSURANCE CO LTD.
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT GS ROAD
         GUWAHATI 781005


          VERSUS

         NANDITA PEGU AND 5 ORS .
         W/O LATE HARA @ HORA KANTA PEGU
         RESIDENT OF UJANI BIJOYPUR GAON
         PS JONAI
         DIST DHEMAJI
         ASSAM 787060

         2:DOIMUK PEGU
         S/O LATE HARA @ HORA KANTA PEGU

         RESIDENT OF UJANI BIJOYPUR GAON
         PS JONAI
         DIST DHEMAJI
         ASSAM 787060

         3:MISS PUNSANG PEGU
         D/O LATE HARA @ HORA KANTA PEGU

         RESIDENT OF UJANI BIJOYPUR GAON
         PS JONAI
         DIST DHEMAJI
         ASSAM 787060

          4:NUNI PEGU
                                                                             Page No.# 2/3

           M/O LATE HARA @ HORA KANTA PEGU

           RESIDENT OF UJANI BIJOYPUR GAON
           PS JONAI
           DIST DHEMAJI
           ASSAM 787060

           5:SRI PRANAB @ PRANAB MECH
           S/O SUREN MECH

           RESIDENT OF BOLAIGAON
           PS JONAI
           PO RATANPUR
           DIST DHEMAJI
           ASSAM 787060

             6:RAJU KUMAR DAS

           S/O LATE SUTI RAM DAS

           RESIDENT OF SIMEN CHAPORI
           DIST DHEMAJI
           ASSAM 787061
           ------------
           Advocate for : MR. K K BHATTA
           Advocate for : MR. A R AGARWALA appearing for NANDITA PEGU AND 5 ORS .



                                  BEFORE
                     HON'BLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

05.08.2024

Heard Mr. K.K. Bhatta, learned counsel for the applicant and Mr. A.R. Agarwala, learned counsel appearing for the respondent Nos.1--4.

This interlocutory application is preferred by the applicant United India Insurance Co. Ltd. for staying operation of the judgment and award dated 12.09.2022 passed by the learned Member, MACT No.2, Kamrup, in MAC Case No.2674/2018.

Mr. Bhatta, learned counsel for the applicant submits that the applicant has Page No.# 3/3

preferred the connected appeal before this Court and the same has been admitted and the record has been called for and therefore, it is contended to stay the operation of the impugned judgment and award dated 12.09.2022.

On the other hand, Mr. Agarwala, learned counsel appearing for the respondent Nos.1--4 submits that stay may be granted subject to depositing of 50% of the awarded amount before this Court.

Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and it appears that vide impugned judgment and award dated 12.09.2022 the learned Member, MACT No.2, Kamrup(M), has directed the applicant to pay a sum of Rs.17,63,500/- being the compensation in favour of the claimants/respondents with interest @ 7.5% per annum from the date of filing the claim petition till realization. It also appears that the connected appeal has already been admitted and the record has also been called for.

Having considered all the facts and circumstances, it is provided that the impugned judgment and award dated 12.09.2022, shall stands stayed. However, the applicant shall deposit 50% of the awarded amount before the Registry of this Court within 2(two) weeks from today.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant