United India Insurance Company Ltd vs Jyotshna Begum And 4 Ors
2025 Latest Caselaw 3242 Gua

Gauhati High Court

United India Insurance Company Ltd vs Jyotshna Begum And 4 Ors on 17 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010006892025




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

                          Case No.: I.A.(Civil)/434/2025

         UNITED INDIA INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         DISPUR.


          VERSUS

         JYOTSHNA BEGUM AND 4 ORS
         W/O. LT. NAZIMUDDIN AHMED
          R/O. VILL.- DUBI
          P/O. DUBI
          P/S. PATACHARKUCHI
          PIN-781326
          DIST. BARPETA
          ASSAM.

         2:JUNED AHMED
         S/O. LT. NAZIMUDDIN AHMED
          R/O. VILL.- DUBI
          P/O. DUBI
          P/S. PATACHARKUCHI
          PIN-781326
          DIST. BARPETA
         ASSAM.

         3:JITUL AHMED
         S/O. LT. NAZIMUDDIN AHMED
         R/O. VILL.- DUBI
         P/O. DUBI
         P/S. PATACHARKUCHI
         PIN-781326
         DIST. BARPETA
                                                                 Page No.# 2/3

          ASSAM.

          4:REKIB ALI
          S/O. CHAMANUR ALI
          R/O. LANKESWAR
          P/O. JALUKBARI
          PIN-781014
          DIST. KAMRUP
          ASSAM.

          5:TAFAJUL ALI
          S/O. HAZARAT ALI
          R/O. VILL.- JANGOG
          P/O. NALBARI
          PIN-781335
          DIST. NALBARI
          ASSAM.


For the applicant(s)     : Mr. K. K. Bhatta, Advocate

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

17.02.2025

Issue notice making it returnable on 24.03.2025.

2. Steps be taken by way of registered post with A/D as well as through usual process within 2 days.

3. This is an application filed for stay of the judgment and award dated 23.09.2024 passed by the learned Member, MACT-2, Kamrup (M) in MAC Case No.1768/2019.

Page No.# 3/3

4. The learned counsel appearing on behalf of the applicant submits that the learned Tribunal below failed to take note of the notification dated 14.09.2017 issued by the Government of Assam as well as the judgment of the Supreme Court in the case of Reliance General Insurance Company Limited vs. Shashi Sharma & Others, reported in (2016) 9 SCC 627, and as such, the impugned judgment and award dated 23.09.2024 passed by the learned Member, MACT-2, Kamrup (M) in MAC Case No.1768/2019 is required to be stayed. In that regard, the learned counsel for the applicant has also referred to a judgment passed by this Court in the case of MAC App. No.261/2022 dated 06.09.2022.

5. Taking into account the above aspects, it is the opinion of this Court that till the next date, the judgment and award dated 23.09.2024 passed by the learned Member, MACT-2, Kamrup (M) in MAC Case No.1768/2019 is required to be stayed.

6. Accordingly, the judgment and award dated 23.09.2024 passed by the learned Member, MACT-2, Kamrup (M) in MAC Case No.1768/2019 is stayed till the next date.

JUDGE

Comparing Assistant