Gauhati High Court
National Insurance Company Ltd vs Nurjahan Bibi @ Begum on 14 August, 2024
Page No.# 1/3
GAHC010072402018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1937/2018
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON
STREET
KOLKATA AND REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
VERSUS
NURJAHAN BIBI @ BEGUM
W/O LATE AMIR HUSSAIN
2:AMIRAN BIBI
W/O MD SAMSUL HAQUE
3:MD SAMSUL HAQUE
S/O LATE HABI ULLAH
4:ARINA BEGUM
D/O LATE AMIR HUSSAIN
R/O VILL NO 2 BARUAH PATHER
PS BOKO PO BARUA PATHAR
PIN 781136
DIST KAMRUP ASSAM
5:SRI OM PRAKASH SHARMA
S/O BRIJ MOHAN SHARMA
R/O C/O JHELUM PAUL
KC ROAD CHATRIBARI (NEAR LP SCHOOL) WARD NO 28 H/NO 42 DIST
KAMRUP M ASSAM 781001
(OWNER OF VEHICLE NO AS 01 EC 1831 (TRUCK))
Page No.# 2/3
6:SRI SWAPAN CHAKRABORTY
S/O LATE OPAL CHAKRABORTY
R/O VILLAGE LACHARI KULAL
DALALAI AMBASSA
PO DHALAI
DIST TRIPURA PIN 799204
(DRIVER OF VEHICLE NO AS 01 EC 1831 (TRUCK))
7:SRI PROFULLA NATH
SO LATE BHAKAT CH NATH
R/O VILL BAKAITARI
PO BAKAITARI
PS MATAI
DIST GOALPARA ASSAM
(OWNER OF VEHICLE NO AS 16 C 2290(WINGER))
8:SRI SARSENG K SANGMA
SO LATE HELBINSON G MOMIN
RO VILL KOLMESALGRE
PIN 794111
DIST EAST GARO HILLS (MEGHALAYA)
(DRIVER OF VEHICLE NO AS 16 C 2290)(WINGER)
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for NURJAHAN BIBI @ BEGUM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 14.08.2024
Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. A.
R. Agarwala, learned counsel for the respondent Nos. 1 to 4.
This application under Order XLI Rule 5 of the Code of Civil Procedure,
1908 has been filed by the appellant/Insurance Company impugning the
judgment and award dated 17.11.2017 passed by the learned Member, Motor
Accident Claims Tribunal No. 3, Kamrup(M) in MAC Case No. 1654/2015 during
the pendency of the connected MAC Appeal No. 494/2018.
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Since, the respondent Nos. 1 to 4/claimants have appeared and since in
the considered opinion of this Court, the respondent Nos. 6 and 8 may not be
necessary parties, the notice to those respondents are waived.
As regards the respondent No. 7 is concerned, the applicant shall take
steps for issuance of notice to the said respondent by registered post with A/D
as well as usual mode within seven days from the date of this order.
In the meanwhile, considering the submissions made by the learned
counsel for the applicant, the execution of the impugned judgment and award
dated 17.11.2017 passed in MAC Case No. 1654/2015 shall remain stayed till
the returnable date, subject to payment of 50% of the awarded amount by the
applicant to the Registry of this Court within four weeks from the date of this
order. If the said amount is deposited by the applicant/Insurance Company,
same shall not be disbursed by the Registry without the order of this Court.
This interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
