448 Bcc Gref Likabali And Another vs Smt Dipanjali Sahu And Others
2025 Latest Caselaw 6341 Gua

Gauhati High Court

448 Bcc Gref Likabali And Another vs Smt Dipanjali Sahu And Others on 26 August, 2025

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GAHC010066642023




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

                                Case No. : MACApp./188/2025

            1448 BCC GREF LIKABALI AND ANOTHER
            1448 BCC GREF, LIKABALI, CO 99 APO.

            VERSUS

            SMT DIPANJALI SAHU AND OTHERS
            W/O LATE SANTOSH SAHU RESIDENT OF WARD NO. 3, DHEMAJI TOWN,
            PO, PS AND DIST DHEMAJI, ASSAM

            2:SMTI SHEFALI SAHU
             M/O LATE SANTOSH SAHU
            RESIDENT OF WARD NO. 3
             DHEMAJI TOWN
             PO PS AND DIST DHEMAJI
            ASSAM

            3:SMTI MOMI SAHU
            TO BE REP. BY. RES. NO. 2
            RESIDENT OF WARD NO. 3
             DHEMAJI TOWN
             PO PS AND DIST DHEMAJI
            ASSAM

            4:SMTI PAHI SAHU
            TO BE REP. BY. RES. NO. 2
            RESIDENT OF WARD NO. 3
             DHEMAJI TOWN
             PO PS AND DIST DHEMAJI
            ASSAM

Advocate for the Petitioner   : MR H GUPTA,

Advocate for the Respondent : MR. D CHUTIA (R-2), MR SAURADEEP DEY(R-2),MR
SAURADEEP DEY (R-1)
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                                 BEFORE
                     HONOURABLE MR. JUSTICE BUDI HABUNG

                                       ORDER

Date : 26.08.2025

Heard Mr. Hareesh Gupta, learned counsel for the appellants. Also heard Mr. D. Chutia, learned counsel, appearing on behalf of all the respondents.

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988, challenging the judgment & award, dated 08.10.2021, passed by the Court of District & Sessions Judge-cum-learned Member, Motor Accident Claim Tribunal, Dhemaji, in MAC Case No. 06/2019.

The appeal is admitted for hearing.

Call for the relevant trial Court records.

Issue notice, returnable within 4(four) weeks.

Since Mr. Chutia, learned counsel, has appeared and accepted notice on behalf of all the respondents; no formal notice need be issued to the said respondents.

In the meantime, the operation of the impugned judgment & award, dated 08.10.2021, passed by the Court of District & Sessions Judge-cum-learned Member, Motor Accident Claim Tribunal, Dhemaji, in MAC Case No. 06/2019, shall remain stayed subject to the condition that the appellants shall deposit 50% of the total awarded amount before the Registry of this Court within a period of 6(six) weeks from today.

On such deposition made by the appellants; the same shall be allowed to be withdrawn by the respondents/claimants, on proper identification as well as by following the due process of verification as notified by the Registry of this Court, from time to time.

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List it after 4(four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant