National Insurance Company Ltd vs Jahanara Begum
2025 Latest Caselaw 3612 Gua

Gauhati High Court

National Insurance Company Ltd vs Jahanara Begum on 28 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010032812025




                                                          undefined

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

                         Case No.: I.A.(Civil)/547/2025

         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ONE
         OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE AT
         GS ROAD
         BHANGAGARH
         GHY- 5


          VERSUS

         JAHANARA BEGUM
         W/O- MUSLIM UDDIN
          R/O- VILL- NO.1 SIVPUR
          PS MURJHAR
          PIN- 782435
          DIST- HOJAI
          ASSAM

         2:ENAMUL HUSSAIN
         S/O. MUSLIM UDDIN
          R/O. VILL.- NO. 1
          SIVPUR
          P/S. MURJHAR
          PIN-782435
          DIST. HOJAI
         ASSAM.

         3:BITU MUDOI
         S/O. BHUPEN MUDOI
         R/O. KAKI NO.1 P/S. KAKI
         PIN-782446
         DIST. NAGAON
         ASSAM.
                                                                Page No.# 2/3

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

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

28.02.2025

Heard Mr. K. K. Bhatta, the learned counsel appearing on behalf of the applicant.

2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the judgment and award dated 03.01.2025 passed by the learned Member, MACT No.2, Kamrup (M) in MAC Case No.1435/2019.

3. Taking into account the above, the impugned judgment and award dated 03.01.2025 is stayed subject to deposit of 50% of the said amount as awarded vide the judgment and award dated 03.01.2025 before the Registry of this Court within 6(six) weeks from today.

4. 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 Page No.# 3/3

proper verification and upon furnishing of the bank details release the said amount to the claimant.

5. In view of the above, the instant I.A. stands disposed of.

JUDGE

Comparing Assistant