National Insurance Co. Ltd vs Mrs Neha Agarwalla And 5 Ors
2025 Latest Caselaw 4793 Gua

Gauhati High Court

National Insurance Co. Ltd vs Mrs Neha Agarwalla And 5 Ors on 22 August, 2025

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GAHC010002022016




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

                             Case No. : IA(Civil) 127/2023

           NATIONAL INSURANCE CO. LTD
           HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND
           ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL
           OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5 AND ONE OF ITS
           BRANCH OFFICE AT DIBRUGARH

           VERSUS

           MRS NEHA AGARWALLA and 5 ORS
           W/O LATE BINIT AGARWALLA, R/O KRISHNA CLOTH STORES, TINSUKIA,
           DIST. TINSUKIA, PRESENTLY RESIDING AT C/O SRI PANNA BAJAJ DEMOW
           CHARIALI, P.O. and P.S. DEMOW, DIST. SIVASAGAR, ASSAM, PIN 785662


Advocate for the Petitioner : MR. K K BHATRA, MS.P HUJURI,MS.A BORA,MR.R K
BHATRA,MR.K K BHATRA

Advocate for the Respondent : , MS. M CHOUDHURY (R4)


           Linked Case : MACApp./14/2023

           NATIONAL INSURANCE CO. LTD.
           HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND
           ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE
           G.S. ROAD
           BHANGAGARH
           GUWAHATI-5 AND ONE OF ITS BRANCH OFFICE AT DIBRUGARH

           VERSUS

           MRS. NEHA AGARWALLA and 5 ORS
           W/O LATE BINIT AGARWALLA
           R/O KRISHNA CLOTH STORES
           TINSUKIA
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           DIST. TINSUKIA
           PRESENTLY RESIDING AT C/O SRI PANNA BAJAJ DEMOW CHARIALI
           P.O. and P.S. DEMOW DIST. SIVASAGAR ASSAM PIN 785662
           ------------
           Advocate for : MR. K K BHATRA
           Advocate for : appearing for MRS. NEHA AGARWALLA and 5 ORS

                                  BEFORE
                      HONOURABLE MR. JUSTICE BUDI HABUNG

                                      ORDER

Date : 22.08.2025

Heard Ms. A. Biyani, learned counsel appearing on behalf of the applicant/Insurance Company. Also heard Mr. A. R. Shome, learned counsel, and Ms. M. Choudhury, learned counsel, appearing on behalf of their respective Opposite Parties.

This is an application preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and award, dated 05.04.2016, passed by the learned Member, Motor Accident Claim Tribunal, Sivasagar, in MAC Case No. 72/2006.

Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and award, dated 05.04.2016, passed by the learned Member, Motor Accident Claim Tribunal, Sivasagar, in MAC Case No. 72/2006, shall remain stayed subject to the condition that the applicant/ appellant shall deposit 50% of the total awarded amount before the Registry of this Court, within a period of 6(six) weeks from today.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE Comparing Assistant