Hdfc Ergo General Insurance Co. Ltd vs Rupati Basumatary And 3 Ors
2024 Latest Caselaw 5001 Gua

Gauhati High Court

Hdfc Ergo General Insurance Co. Ltd vs Rupati Basumatary And 3 Ors on 22 July, 2024

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GAHC010285042023




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


                   Case : I.A.(Civil)/2110/2024

         HDFC ERGO GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
         H.T. PAREKH MARG
         169
         BACKBAY RECLAMATION
         MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
         BUILDING
         6TH FLOOR
         LACHIT NAGAR
         GS ROAD
         GUWAHATI
         781007
         ASSAM.


          VERSUS

         RUPATI BASUMATARY AND 3 ORS.
         W/O LATE GATHU RAM BASUMATARY
         VILL.- MANIKPUR (KANGHIR)
         P.S.- DOKMOKA
         DIST.- KARBI ANGLONG
         ASSAM
         PIN- 782481.

         2:ARGENGWRA BASUMATARY
         S/O LATE GATHU RAM BASUMATARY

         VILL.- MANIKPUR (KANGHIR)
         P.S.- DOKMOKA
         DIST.- KARBI ANGLONG
         ASSAM
         PIN- 782481.
                                                                       Page No.# 2/3

          3:SONAM DAWA
          S/O RINCHIN DAWA

          R/O PLOT NO. 21
          1ST FLOOR
          BHARAT GARDEN
          DIST.- UTTAM NAGAR
          WEST DELHI
          PIN- 110059.
          4:JYOTISH DAS
          S/O KRISHNA DAS

          R/O C/O MANTU DAWKA
          FA AHMED NAGAR PANJABARI ROAD
          HOUSE N. 14
          P.S.- DISPUR
          DIST..- KAMRUP (M)
          ASSAM
          PIN- 781037.
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for RUPATI BASUMATARY AND 3 ORS.



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 22.07.2024

Heard Mr. R. Goswami, learned counsel for the applicant.

This applicant under Order XLI Rule 5 of the Code of Civil Procedure, 1908 has been filed by the HDFC ERGO General Insurance Company Limited, the applicant in this case and also appellant in MAC Appeal No. 351/2024 praying for stay of the operation of the impugned Judgment and Award 19.09.2023 passed in MAC Case No. 268/2021 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M).

Issue notice to the opposite parties.

Page No.# 3/3

The applicant shall take steps for issuance of notice to the opposite parties by registered post with A/D as well as through usual mode within seven days from the date of this order, returnable after four weeks.

In the interim, the operation of the impugned Judgment and Award dated 19.09.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 268/2021, shall remain stay, subject to payment of 50% of the awarded amount by the appellant to the Registry of this Court within four weeks from the date of this order.

List accordingly.

JUDGE

Comparing Assistant