Gauhati High Court
United India Insurance Company Ltd vs Moina Kumar And 3 Ors on 18 August, 2025
Page No.# 1/4
GAHC010250312024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : IA(Civil) 2680/2025
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 24, WHITES ROAD,
CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST
FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP
(M), PIN-781005 REP. BY THE REGIONAL MANAGER, GUWAHATI
REGIONAL OFFICE.
VERSUS
MOINA KUMAR AND 3 ORS
W/O. LATE PRADIP KUMAR
2:BANASMITA KUMARI
D/O. LATE PRADIP KUMAR
3:DIPJYOTI KUMAR
S/O. LATE PRADIP KUMAR
ALL ARE R/O. VILL. NO. 4
RAJGARH
P/S. UDALGURI
DIST. UDALGURI
ASSAM
PIN-784509.
PRESENTLY RESIDING AT CARE OF SRI REBAKANTA KUMAR
VILL. DHOKAPARA
P/S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN-784145.
(RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY THE
RESPONDENT NO. 1)
4:HAR MOHAN MALAKAR
S/O/ DHARMA KANTA MALAKAR
Page No.# 2/4
R/O. H/NO. 18
JOYNAGAR
SIXMILE
P/S. KHANAPARA
DIST. KAMRUP (M)
ASSAM
PIN-781028.
PRESENT ADDRESS- VILL. DHARAMJULI
P/O. DHARAMJULI
P/S. DIMAKUCHI
DIST. UDALGURI
PIN-784509
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : , MR N BARUAH(R-1)
Linked Case : MAC.A. 363/2025
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED AND HEAD OFFICE AT 24
WHITES ROAD
CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE
1ST FLOOR
G.S. ROAD
NEAR DISPUR POST OFFICE
GUWAHATI
KAMRUP (M)
PIN-781005 REP. BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
MOINA KUMAR AND 3 ORS
W/O. LATE PRADIP KUMAR
2:BANASMITA KUMARI
D/O. LATE PRADIP KUMAR
3:DIPJYOTI KUMAR
S/O. LATE PRADIP KUMAR
ALL ARE R/O. VILL. NO. 4
RAJGARH
P/S. UDALGURI
DIST. UDALGURI
ASSAM
PIN-784509.
PRESENTLY RESIDING AT CARE OF SRI REBAKANTA KUMAR
Page No.# 3/4
VILL. DHOKAPARA
P/S. SIPAJHAR
DIST. DARRANG
ASSAM
PIN-784145.
(RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY THE
RESPONDENT NO. 1)
4:HAR MOHAN MALAKAR
S/O/ DHARMA KANTA MALAKAR
R/O. H/NO. 18
JOYNAGAR
SIXMILE
P/S. KHANAPARA
DIST. KAMRUP (M)
ASSAM
PIN-781028.
PRESENT ADDRESS- VILL. DHARAMJULI
P/O. DHARAMJULI
P/S. DIMAKUCHI
DIST. UDALGURI
PIN-784509.
------------
Advocate for : MR T KALITA
Advocate for : appearing for MOINA KUMAR AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 18.08.2025
Heard Mr. T. Kalita, learned counsel appearing on behalf of the applicant
Insurance Company. Also heard Ms. Mrinalini Dutta Choudhury, learned counsel
appearing on behalf of Opposite Parties No. 1, 2 & 3.
This is an application under Order XLI Rule 5 of the Code of Civil Procedure,
1908, praying for stay of the operation of the impugned judgment and order,
dated 29.05.2024, passed by the learned Additional District Judge, Darrang,
Mangaldai, in MAC (Death) Case No. 80/2016.
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Since the connected appeal has already been admitted by this Court today,
the operation of the impugned judgment and order, dated 29.05.2024, passed by
the learned Additional District Judge, Darrang, Mangaldai, in MAC (Death) Case
No. 80/2016, shall remain stayed subject to deposit of 50% of the awarded
amount by the applicant/Insurance Company before the Registry of this Court,
within a period of 4(four) weeks from today.
On such deposit being made by the applicant/Insurance Company, the
respondent No. 1/claimant, shall be at liberty to withdraw the deposited amount
on being properly identified by following the due process of verification as notified
by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands
disposed of.
JUDGE
Comparing Assistant
