New India Assurance Co. Ltd vs Afida Begum Barlaskar And 4 Ors. E
2024 Latest Caselaw 5630 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Afida Begum Barlaskar And 4 Ors. E on 7 August, 2024

                                                               Page No.# 1/3

GAHC010208592022




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

                        Case No. : I.A.(Civil)/1989/2024

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE REGIONAL OFFICES KNOWN AS NORTHEAST
         REGIONAL OFFICE
         AT GS ROAD
         ULUBARI
         GUWAHATI- 7
         ASSAM.


          VERSUS

         AFIDA BEGUM BARLASKAR AND 4 ORS. E
         W/O LATE KAMRUL HAQUE BARLASKAR RESIDENT OF SATKARAKANDI
         PART I
          P.S.- SONAI
          DIST.- CACHAR
         ASSAM
          PIN- 788013.

         2:AFRIN BARLASKAR
         MINOR
          REP. BY RESPONDENT NO. 1

         D/O LATE KAMRUL HAQUE BARLASKAR
         RESIDENT OF SATKARAKANDI PART- I
         P.S.- SONAI
         DIST.- CACHAR
         ASSAM
         PIN- 788013.

         3:NUR NEHAR BARLASKAR
         W/O LATE AKBAR BARLASKAR
                                                                         Page No.# 2/3

           RESIDENT OF SATKARAKANDI PART- I
           P.S.- SONAI
           DIST.- CACHAR
           ASSAM
           PIN- 788013.

           4:NURUL AMIN BARBHUIYA
           S/O LATE MAKABBIR ALI BARBHUIYA

           TARAPUR PART- V
           P.S.- SILCHAR
           DIST.- CACHAR
           ASSAM
           PIN- 788003.

           5:ISLAM UDDIN BARBHUIYA
           S/O LATE MAKADDAS ALI BARBHUIYA

           NARAINPUR PART- III
           P.S.- ALGAPUR
           DIST.- HAILAKANDI
           ASSAM
           PIN- 788152.
           ------------
           Advocate for : MS P HUJURI
           Advocate for : appearing for AFIDA BEGUM BARLASKAR AND 4 ORS. E



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 07.08.2024 Heard Mr. R. K. Bhatra, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel appearing for the respondent/claimants.

This application for stay of execution of the judgment and award dated 21.05.2022 was passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 117/2017, has been filed by the Insurance Company.

The applicant has impugned the aforesaid judgment and award by filing Page No.# 3/3

the connected MAC Appeal No. 331/2024.

Learned counsel for the applicant has submitted that there is no evidence to show that the truck which was insured with the present applicants/Insurance Company has been involved in the alleged accident.

On the other hand, learned counsel for the respondent No. 1, 2 and 3 has submitted that there are ample evidence on record to show that the truck in question was to involve in accident and on the basis of said evidence only the learned Tribunal has passed the impugned award.

Considering the submission made by learned counsel for the parties and considering the fact that the appeal filed by the applicant has already been admitted.

This application for stay of the execution of impugned judgment and award filed by the applicant is hereby allowed subject to the payment of 50% of the awarded amount to the Registry of this Court within a period of six (6) weeks.

This Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant