Gauhati High Court
Page No.# 1/3 vs Beauty Begum And 4 Ors . A on 14 August, 2024
Page No.# 1/3
GAHC010208322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1159/2024
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REPRESENTED BY ITS REGIONAL MANAGER
ULUBARI GUWAHATI 7
VERSUS
BEAUTY BEGUM AND 4 ORS . A
W/O LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
2:MD. IFTAKUL HUSSAIN SAIKIA
S/O LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
3:MINUWARA BEGUM
MOTHER IN LAW OF LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
Page No.# 2/3
4:MD. TAPAJUL HAQUE
S/O TAIJUDDIN AHMED
RESIDENT OF C/O MUNIN CH. DAS
HOUSE NO. 4
PUB BANKONWAR
KHARGHULI
PS LATASIL
GUWAHATI
DIST KAMRUP M ASSAM
5:MD. ASRAFUL HAQUE
S/O FAJNUL HAQUE
RESIDENT OF VILLAGE MADHAPUR
PO MOROWA
PS AND DIST NALBARI
ASSAM
------------
Advocate for : MR. R SHARMA
Advocate for : appearing for BEAUTY BEGUM AND 4 ORS . A
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 14.08.2024
Heard Mr. S. K. Goswami, learned counsel for the applicant.
This interlocutory application has been filed by the Applicant Insurance
Company, praying for staying of the Execution of judgment and award dated
23.06.2022 passed by the Motor Accidents Claim Tribunal No. 2, Kamrup (M),
Guwahati in MAC Case No. 2976/2015, wherein it has impugned the aforesaid
judgment and award on the ground that the Tribunal was wrong in coming to
the finding that the deceased Ghaffarul Hussain, died as a result of the accident
involved in this case, as he died after more than one and half years of the date
of accident.
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Learned counsel for the applicant has also submitted that the applicant
does not have any objection in claimant getting the medical expenses incurred
on the treatment of the deceased, which come to Rs. 180908/- plus interest
thereon.
However, the learned counsel for the applicant has also submitted that the
applicant Insurance Company is ready to deposed 50% of the awarded amount
out of which Rs. 2,50,000/- may be released to the claimants. However, the
remaining amount should be kept with the Registry till the disposal of the
connected MAC Appeal.
Considering the submissions made by the learned counsel for the
applicant, the notice to the opposite party/respondent is waived and this
Interlocutor Application is disposed of by staying the execution of the judgment
and award passed in MAC App./165/2024 on 23.06.2022 by the Motor Accidents
Claim Tribunal No. 2, Kamrup (M), Guwahati till the pendency of the connect the
connected MAC App./165/2024, subject to deposit of 50% of the awarded
amount before the Registry of this Court.
On such deposit, the Registry may release Rs. 2,50,000/- out of the said
deposit to the claimant No.1 Smt. Beauty Begum and No. 2 Iftakul Hussain
Saikia on proper verification.
With the above observation, this Interlocutor Application is disclosed of.
JUDGE
Comparing Assistant
