New India Assurance Co. Ltd vs Ajaya Bhatta Sharma And 4 Ors F
2024 Latest Caselaw 3239 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Ajaya Bhatta Sharma And 4 Ors F on 13 May, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                               Page No.# 1/2

GAHC010013142024




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

                               I.A.(Civil)/551/2024

         NEW INDIA ASSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING
          87
          MAHATMA GANDHI ROAD
          MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX
         5TH FLOOR
          LACHIT NAGAR
          GUWAHATI 781005
          NEAR HANUMAN MANDIR


          VERSUS

         AJAYA BHATTA SHARMA AND 4 ORS F
         W/O LATE HIMANSHU SARMA RESIDENT OF SATGAON DALBARI
         SANKARJYOTI PATH
         PO AND PS SATGAON
         DIST KAMRUP M ASSAM 781027

         2:SMTI BINABALA DEVI
         M/O LATE HIMANSHU SARMA
         RESIDENT OF SATGAON DALBARI SANKARJYOTI PATH
          PO AND PS SATGAON
          DIST KAMRUP M ASSAM 781027
          3:MISS JAGRITI SHARMA
         D/O LATE HIMANSHU SARMA
         RESIDENT OF SATGAON DALBARI SANKARJYOTI PATH
          PO AND PS SATGAON
          DIST KAMRUP M ASSAM 781027
          4:ABDUL AZIZ KHAN
         S/O LATE MEHER KHAN

         RESIDENT OF VILLAGE MEHER KHAN
         RESIDENT OF VILLAGE BALIKURI
                                                                                 Page No.# 2/2

           PO BALIKURI
           PS KALGACHIA
           DIST BARPETA ASSAM 781319
           5:SYEDA SAHIDA SAHIN
           W/O SYED MUSRIFUR RAHMAN
           RESIDENT OF NABAJYOTI NAGAR
           BYE LANE NO. 1
           HOUSE NO. 03
           PO PANJABARI
           PS SATGAON
           DIST KAMRUP M ASSAM 781037
           ------------
           Advocate for : MR. K K BHATTA
           Advocate for : appearing for AJAYA BHATTA SHARMA AND 4 ORS F



                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

13.05.2024 Heard Mr. K K Bhatta, learned counsel for the applicant as well as Mr, K R Bora, learned counsel for the respondent nos. 1,2 and 3.

Since the connected appeal has been admitted for hearing, the operation of the Judgment and Award dated 29.09.2023 passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC Case No. 1076/2019 shall remain stayed till disposal of the appeal, subject to deposit of 50% of the awarded amount in the Registry of this Court within next 4 (four) weeks.

It is further directed that the claimants shall be at liberty to withdraw the aforesaid 50% amount without any rider.

The IA(C) stands disposed of.

JUDGE

Comparing Assistant