Page No.# 1/3 vs M/S Shriram General Insurance Company ...
2025 Latest Caselaw 3302 Gua

Gauhati High Court

Page No.# 1/3 vs M/S Shriram General Insurance Company ... on 19 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                     Page No.# 1/3

GAHC010260982024




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

                         Case No. : I.A.(Civil)/3919/2024

         NIRU SONOWAL AND 2 ORS.
         W/O LATE SIBA NATH SONOWAL,
         R/O NO. 2 BORPATHAR, TALAP, PIN- 786156, P.S.- DOOMDOOMA, DIST.-
         TINSUKIA, ASSAM.

         2: TOTOMONI SONOWAL
          D/O LT. SIBA NATH SONOWAL

         R/O NO. 2 BORPATHAR
         TALAP
         PIN- 786156
         P.S.- DOOMDOOMA
         DIST.- TINSUKIA
         ASSAM.

         3: KANDIP SONOWAL
          S/O LATE SIBA NATH SONOWAL

         R/O NO. 2 BORPATHAR
         TALAP
         PIN- 786156
         P.S.- DOOMDOOMA
         DIST.- TINSUKIA
         ASSAM

         VERSUS

         M/S SHRIRAM GENERAL INSURANCE COMPANY LIMITED AND ANR
         HAVING ITS REGISTERED HEAD OFFICE AT E-8, EPIP, SITAPURA
         INDUSTRIES AREA, JAIPUR, RAJASTHAN- 302022 WITH ONE OF ITS
         BRANCH OFFICE AT B.R. ARCHADE, 3RD FLOOR, ULUBARI, GUWAHATI-
         781007, (REP. BY ITS ASSISTANT MANAGER (LEGAL), SRI RAJENDRA
         DUTTA, 36 YEARS).
                                                                                        Page No.# 2/3

             2:IRSHAD ANSARI
              S/O MD. NIZAM ANSARI

             R/O KAKRATOLI TENGAGAON
             PIN- 786156
             P.S.- DOOMDOOMA
             DIST.- TINSUKIA
             ASSAM

Advocate for the Petitioner   : MR. A BHATTACHARYYA,

Advocate for the Respondent : MR. P HAZARIKA,




                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

19.02.2025

Heard Mr. A Bhattacharyya, learned counsel for the applicant and Mr. P Hazarika, learned counsel for the Insurance Company.

On 17.11.2023 in IA(C) 3306/2023 in MAC Appeal No. 405/2023 this Court directed stay of operation of the Judgment dated 13.07.2023 passed by the learned Member, MACT No. 1, Kamrup (M), Guwahati in MAC Case No. 2109/2017.

Mr. Bhattacharyya has submitted that though the impugned judgment was stayed but no direction was passed to pay any amount of money to the claimant. Therefore, Mr. Bhattacharyya prays before this court to give direction to the Insurance Company to deposit 50% of the total awarded amount.

I have also heard Mr. P Hazarika, learned counsel for the Insurance Company. After hearing the learned counsel for both the sides, it is hereby directs that the Insurance Company shall deposit 30% of the awarded amount before the Registry of this Court within next 6 (six) weeks.

Page No.# 3/3

Thereafter, the present petitioner/claimant shall be allowed to withdraw the same after proper identification without any rider.

The IA(C) is disposed of.

JUDGE

Comparing Assistant