National Insurance Company Ltd vs Santi Kurmi And Anr
2025 Latest Caselaw 2865 Gua

Gauhati High Court

National Insurance Company Ltd vs Santi Kurmi And Anr on 5 February, 2025

                                                                             Page No.# 1/3

GAHC010216262024




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

                            Case No. : I.A.(Civil)/3376/2024

                    NATIONAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFICE AT 3
                            MIDDLETON STREET
            KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
                                G.S. ROAD
       GUWAHATI-781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
                        GUWAHATI REGIONAL OFFICE.


                                       VERSUS

                               SANTI KURMI AND ANR
                      W/O. SRI. NARAYAN KURMI@ DIPI KURMI
                      R/O. VILL.KUSUMTOLA BORGHOLA BASTI
                                 P/O. KARCHANTALA
                                    P/S. JAMUGURI
                                   DIST.-SONITPUR
                                        ASSAM.

                                  2:KHAIRUDDIN AHMED
                                  S/O. LATE MAMTAZ ALI
                              VILL. BHOJKHOWA CHAPORI
                                   P/O. KALIABHOMORA
                                        P/S. TEZPUR
                                      DIST.-SONITPUR
                                          ASSAM.
                                          ------------
                                Advocate for : MR. D K JAIN
                   Advocate for : appearing for SANTI KURMI AND ANR


                                 MACApp./572/2024

         NATIONAL INSURANCE COMPANY LTD
                                                                     Page No.# 2/3

            HAVING ITS REGISTERED OFFICE AND HEAD OFICE AT 3, MIDDLETON
            STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
            ROAD, GUWAHATI-781005 REPRESENTED BY THE CHIEF REGIONAL
            MANAGER, GUWAHATI REGIONAL OFFICE.



            VERSUS

            SANTI KURMI AND ANR
            W/O. SRI. NARAYAN KURMI@ DIPI KURMI, R/O. VILL.KUSUMTOLA
            BORGHOLA BASTI, P/O. KARCHANTALA, P/S. JAMUGURI, DIST.-
            SONITPUR, ASSAM.

            2:KHAIRUDDIN AHMED
             S/O. LATE MAMTAZ ALI
            VILL. BHOJKHOWA CHAPORI
             P/O. KALIABHOMORA
             P/S. TEZPUR
             DIST.-SONITPUR
            ASSAM

Advocate for the Petitioner   : MR. D K JAIN, MR K JAIN

Advocate for the Respondent : ,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 05.02.2025

Heard Mr. D.K. Jain, learned counsel for the applicant, who has filed the instant application under Order XLI Rule 5 of the CPC, praying for stay of the operation of the impugned Judgment & Order dated 06.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in M.A.C. Case No. 12/2019.

Since the appeal in MAC Case No. 572/2024 has been admitted, this Court finds it fit to stay the operation of the impugned Judgment & Order dated Page No.# 3/3

06.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in M.A.C. Case No. 12/2019, subject to the deposit of 25% of the awarded amount within 1 (one) month from the date of receipt of a certified copy of this order.

JUDGE

Comparing Assistant