New India Assurance Company Ltd vs Sri Utsab Bhuyan And 2 Ors
2024 Latest Caselaw 16 Gua

Gauhati High Court

New India Assurance Company Ltd vs Sri Utsab Bhuyan And 2 Ors on 3 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                               Page No.# 1/2

GAHC010108532018




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

                        Case : I.A.(Civil)/2571/2018
                                  in
                      Case No. : MACApp./653/2018

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         ABC
         GUWAHATI.


          VERSUS

         SRI UTSAB BHUYAN AND 2 ORS
         S/O SRI HARICHARAN BHUYAN
         R/O SAHPUR
         P.S. BELSOR
         DISTA. NALBARI (ASSAM)
         PIN - PRESENTLY RESIDING AT HENGRABARI
         GUWAHATI-36

         2:SRI PANKAJ DUTTA
         S/O SRI NAGEN DUTTA
          R/O C/O HARMOHAN KALITA
          PANJABARI
          P.S. DISPUR
          GUWAHATI 781022
          DIST. KAMRUP
         ASSAM.
          3:SRI AJIT BARMAN
         S/O GOBINDA BARMAN
          R/O BARKUCHI
          P.S. AND DIST. NALBARI
         ASSAM.
          ------------
                                                                       Page No.# 2/2

           Advocate for : MR. K K BHATRA
           Advocate for : appearing for SRI UTSAB BHUYAN AND 2 ORS



                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 03.01. 2024 Heard Mr. KK Bhatra, learned counsel for the applicant.

This interlocutory applicant has been filed for stay of the impugned judgment and order dated 12.01.2018, passed by the learned Member, MACT No. 3, Kamrup (M), Guwahati in MAC Case No. 258/2014.

The learned counsel for the applicant has prayed for stay of the impugned judgment and order.

As the appeal is admitted, the prayer for stay is allowed.

Mr. Bhatra submits that as the awarded amount is only about Rs. 57,103/-, the Insurance Company will deposit the entire amount alongwith the interest.

It is, therefore, directed that impugned judgment and order dated 06.02.2015, passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MACT Case No. 206/2012 is stayed subject to payment of the entire awarded amount alongwith the interest to be deposited by the applicant/ Insurance Company before the Registry of this Court.

The IA stands disposed of.

JUDGE

Comparing Assistant