New India Assurance Co. Ltd vs Binu Barman And 3 Ors
2025 Latest Caselaw 6386 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Binu Barman And 3 Ors on 27 August, 2025

                                                                   Page No.# 1/4

GAHC010170082025




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

                         Case No. : MACApp./393/2025

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGD. OFFICE AT 87, M.G. ROAD, FORT, MUMBAI-400001 AND
         ONE OF THE NORTH ESTERN REGION OFFICE AT LACHIT NAGAR, G.S.
         ROAD, GUWAHATI-07, ASSAM.



         VERSUS

         BINU BARMAN AND 3 ORS.
         W/O. LT. GOBINDA BARMAN (NOTHER OF THE DECEASED)

         2:HIMANGSHU BARMAN
          S/O. LT. GOBINDA BARMAN (BROTHER OF THE DECEASED)
         ALL ARE PERMANENT R/O. MOLOYNAGAR
          DAKHIN JALUKBARI
          P/S. JALUKBARI
          DIST. KAMRUP (M)
         ASSAM
          PIN-781013.

         3:RAJESH MAHATO
          S/O. RAMASHISH MAHATO
          R/O. BEHARBARI
          GUWAHATI
          P/O. AND P/S. BASISTHA
          DIST. KAMRUP (M)
         ASSAM
          PIN-781029.

         4:MANIK CH. SARKAR
          S/O. SRI SUSAR CH. SARKAR
          R/O. MANDIA
          NANNARDLINE
                                                                         Page No.# 2/4

             P/S. MANDIA
             DIST. BARPETA
             ASSAM
             PIN-781308

Advocate for the Petitioner   : A BIYANI, MR. R K BHATRA,S CHOUDHURY

Advocate for the Respondent : MR. S RAHMAN, FOR CAVEATOR,MR A N IQBAL




             Linked Case : I.A.(Civil)/2788/2025

            NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGD. OFFICE AT 87
            M.G. ROAD
            FORT
            MUMBAI-400001 AND ONE OF THE NORTH ESTERN REGION OFFICE AT
            LACHIT NAGAR
            G.S. ROAD
            GUWAHATI-07
            ASSAM.


             VERSUS

            BINU BARMAN AND 3 ORS.
            W/O. LT. GOBINDA BARMAN (NOTHER OF THE DECEASED)

            2:HIMANGSHU BARMAN
            S/O. LT. GOBINDA BARMAN (BROTHER OF THE DECEASED)
            ALL ARE PERMANENT R/O. MOLOYNAGAR
             DAKHIN JALUKBARI
             P/S. JALUKBARI
             DIST. KAMRUP (M)
            ASSAM
             PIN-781013.

            3:RAJESH MAHATO
            S/O. RAMASHISH MAHATO
            R/O. BEHARBARI
            GUWAHATI
            P/O. AND P/S. BASISTHA
            DIST. KAMRUP (M)
            ASSAM
                                                                        Page No.# 3/4

           PIN-781029.

          4:MANIK CH. SARKAR
          S/O. SRI SUSAR CH. SARKAR
          R/O. MANDIA
          NANNARDLINE
          P/S. MANDIA
          DIST. BARPETA
          ASSAM
          PIN-781308.
          ------------
          Advocate for : A BIYANI
          Advocate for : MR. S RAHMAN appearing for BINU BARMAN AND 3 ORS.



                               BEFORE
            HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                    ORDER

27.08.2025 Learned counsel Mr. R. K. Bhatra is present on behalf of the appellant/applicant who is aggrieved by the judgment and award dated 04.06.2025 passed by the learned Member, MACT, Kamrup (M) in connection with MAC Case No. 1920/2020, awarding compensation of Rs. 48,47,500/- to the respondents who are also related to the deceased being mother and brother of the deceased. The insurer/applicant is aggrieved by the judgment and award as the family members of the deceased are receiving family pension as the deceased was a State Government employee.

Heard learned counsel Mr. A. N. Iqbal for the respondent Nos. 1 and 2. The applicant has prayed for stay of the operation of the impugned judgment and award dated 04.06.2025 in connection with MAC Case No. 1920/2020. I have considered the submissions at the Bar with circumspection. Thereby, I deem it appropriate to pass an order of stay of operation of the impugned judgment and award dated 04.06.2025 in connection with MAC Case Page No.# 4/4

No. 1920/2020which is hereby stayed until further orders subject to the condition that the applicant deposits 20% of the awarded amount before the Registry of this Court within 6 (six) weeks from the date of this order. In terms of the above observation, this application stands disposed of.

JUDGE

Comparing Assistant