Cholamandalam Ms General Insurance Co ... vs Sanatan Kalindi @ Kalandi @ Sonatom And 2 ...
2025 Latest Caselaw 1715 Gua

Gauhati High Court

Cholamandalam Ms General Insurance Co ... vs Sanatan Kalindi @ Kalandi @ Sonatom And 2 ... on 3 January, 2025

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GAHC010240992024




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

                       Case No. : I.A.(Civil)/4024/2024


         CHOLAMANDALAM MS GENERAL INSURANCE CO LTD
         HAVING ITS BRANCH OFFICE AT AASTHA PLAZA
         OPPOSITE OF S.B. DEORAH COLLEGE
         4TH FLOOR
         BORA SERVICE
         GUWAHATI
         DIST. KAMRUP(M)
         ASSAM.


          VERSUS

         SANATAN KALINDI @ KALANDI @ SONATOM AND 2 ORS
         S/O. LATE JAGANNATH KALINDI
         R/O. KALINAGAR
         P/S. BORKOLA
         DIST. CACHAR
         ASSAM
         PIN-788001.

         2:DEBJANI CHOUDHURY DAS
         W/O. SRI PRADIP DAS
          R/O. NIKUNJA APARTMENT
          3RD FLOOR
          SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788001.

         3:DEBABRATA DEB NATH
         S/O. LATE SUMANTA DEB NATH
         R/O. A.M. ROAD
         MUKOKCHUNG
                                                                          Page No.# 2/3

              NAGALAND
              PIN-798601.
              ------------
              Advocate for : MR. A BHATTACHARYYA
              Advocate for : appearing for SANATAN KALINDI @ KALANDI @ SONATOM
              AND 2 ORS



                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 03.01.2025

Heard Mr. A. Bhattacharyya, learned counsel for the applicant.

2. This interlocutory application is preferred for staying operation of the judgment and award dated 01.07.2024, passed in MAC Case No. 1335/2015, passed by the learned Member, Motor Accident Claims Tribunal (MACT), Cachar at Silchar.

3. It is to be noted here that vide impugned judgment and award dated 01.07.2024, the learned Member, MACT, Cachar at Silchar has directed the applicant herein to pay a sum of Rs. 1,01,666/- as compensation to the respondent No. 1, along with simple interest @ 9% per annum w.e.f. the date of filing of the claim petition till the date of realization.

4. It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal.

5. Accordingly, this interlocutory application is allowed and the operation of the impugned judgment and award dated 01.07.2024, stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today.

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6. In terms of above, this application stands disposed of.

JUDGE

Comparing Assistant