Cholamandalam Ms General Insurance ... vs Juthika Das And 3 Ors. H
2024 Latest Caselaw 3017 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Juthika Das And 3 Ors. H on 3 May, 2024

                                                               Page No.# 1/3

GAHC010118352023




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

                         Case No. : I.A.(Civil)/814/2024




         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE
         2ND FLOOR
         NO. 2 N.S.C BOSE ROAD
         CHENNAI
         60001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
         4TH FLOOR
         OPP. TO S.B DEORAH COLLEGE
         G.S ROAD
         GUWAHATI


          VERSUS

         JUTHIKA DAS AND 3 ORS. H
         D/O LATE GITA HIRA DAS
          RESIDENT OF VILLAGE ANANDA NAGAR
          WARD NO. 7
          MANGALDAI
          DIST DARRANG
          ASSAM 784125

         2:SRI NILAM JYOTI DAS

         S/O LATE GITA HIRA DAS

         RESIDENT OF VILLAGE ANANDA NAGAR
         WARD NO. 7
         MANGALDAI
         DIST DARRANG
         ASSAM 784125
                                                                      Page No.# 2/3

             3:MISS BEETHIKA DAS
             D/O LATE GITA HIRA DAS

             RESIDENT OF VILLAGE ANANDA NAGAR
             WARD NO. 7
             MANGALDAI
             DIST DARRANG
             ASSAM 784125
             4:SRI GANESH BORO
             S/O LATE BAKARA BORO
             RESIDENT OF VILLAGE BORIGAON
             NO. 2
             BORIGAON
             PSMANGALDOI
             DIST. DARRANG
             ASSAM
             784125
             ------------
             Advocate for : MS. P BORTHAKUR
             Advocate for : appearing for JUTHIKA DAS AND 3 ORS. H



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                    ORDER

03.05.2024 Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondent Nos. 1 to 3/claimants.

This application filed under Order XLI Rule V of the Code of Criminal Procedure, 1908, praying for stay of the operation of the impugned Judgment and Award dated 21.12.2022 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case No.392/2016.

Mr. R. Goswami, learned counsel for the applicant, submits that the applicant is ready to deposit 50% of the awarded amount.

Page No.# 3/3

Considering the submissions of learned counsel for the parties and in the interest of justice, pending disposal of the connected appeal, being MAC.App./115/2024, operation of the impugned judgment and award, dated 21.12.2022, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case No.392/2016, stands stayed/suspended subject to deposition of the 50% of the awarded amount before the Registry of this Court within 6 (six) weeks.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant