Gauhati High Court
Magma Hdi General Insurance Company Ltd vs Mintu Saikia And 2 Ors on 21 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010274982024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/496/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B
B201-202 ECOSPACE BUSINESS PARK
AMBUJA REALITY CAMPUS
ACTION AREA 110
NORTH TWENTY FOUR PARGANA
WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING
2ND FLOOR
SOUTH SARANIA
G.S. ROAD
GUWAHATI-781007.
VERSUS
MINTU SAIKIA AND 2 ORS
S/O. LT. BANESWAR SAIKIA
R/O. VILL.- SENCHOWA
P/S. NAGAR SADAR
DIST. NAGAON
ASSAM
PIN-782001.
2:MUKUL KRISHNA SAIKIA
S/O. SRI G.K. SAIKIA
R/O. VILL. THIATANGANI
P/S. JURIA
DIST. NAGAON
ASSAM
PIN-782124.
3:HARAKANTA BORAH
Page No.# 2/4
S/O. LT. MONI KANTA BORAH
R/O. VILL. THIATANGANI
P/S. JURIA
DIST. NAGAON
ASSAM
PIN-782124.
------------
Case No. : MACApp./43/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B,
B201-202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS,
ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL
AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH
SARANIA, G.S. ROAD, GUWAHATI-781007.
VERSUS
MINTU SAIKIA AND 2 ORS
S/O. LT. BANESWAR SAIKIA, R/O. VILL.- SENCHOWA, P/S. NAGAR
SADAR, DIST. NAGAON, ASSAM, PIN-782001.
2:MUKUL KRISHNA SAIKIA
S/O. SRI G.K. SAIKIA
R/O. VILL. THIATANGANI
P/S. JURIA
DIST. NAGAON
ASSAM
PIN-782124.
3:HARAKANTA BORAH
S/O. LT. MONI KANTA BORAH
R/O. VILL. THIATANGANI
P/S. JURIA
DIST. NAGAON
ASSAM
PIN-782124
Advocate for the applicant(s): Mr. SK Goswami
Page No.# 3/4
Advocate for the respondent(s):
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
21.02.2025
Heard Mr. SK Goswami, the learned counsel appearing on behalf of the
applicant.
2. This is an application under Order XLI Rule 5 of the Code of Civil
Procedure, 1908 for stay of the judgment and award dated 20.09.2024 passed
in MAC Appeal No.229/2021.
3. It is seen that the learned Member Motor Accident Claims Tribunal Nagaon
vide the judgment and award impugned in the instant proceedings dated
20.09.2024 had awarded an amount of Rs.4,92,800/- along with interest @ 9%.
4. This Court had already admitted the appeal and had called for the records.
5. Taking into account the above, the impugned judgment and award dated
20.09.2024 is stayed subject to deposit of 50% of the said amount as awarded
vide the judgment and award dated 20.09.2024 before the Registry of this Court
within 6(six) weeks from today.
6. This Court grants liberty to the claimant to file an application before the
Registry of this Court and upon such application being filed, the Registry shall
after making due identification and proper verification and upon furnishing of
the bank particulars release the said amount to the claimant.
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7. Interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
