New India Assurance Company Limited vs Prakhend Rajkhowa And 2 Ors
2025 Latest Caselaw 1403 Gua

Gauhati High Court

New India Assurance Company Limited vs Prakhend Rajkhowa And 2 Ors on 23 July, 2025

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GAHC010049372019




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

                          Case No. : I.A.(Civil)/778/2021


         NEW INDIA ASSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
         MAHATMA GANDHI ROAD
         MUMBAI AND ONE OF THE REGIONAL OFFICE AT ULUBARI
         G.S. ROAD
         GUWAHATI.


          VERSUS

         PRAKHEND RAJKHOWA AND 2 ORS.
         S/O- KIRTI RAJKHOWA R/O- AMGURI VILLAGE
         P.O. AND P.S.- KAKOPOTHAR
         DIST.- TINSUKIA
         ASSAM
         PIN- 786160.

         2:SMT. PANWATI DEVI
         W/O- SRI RAMLAL RAI
         R/O- PALTAN BAZAR
          R/O- CHIRAPATTI
          P.O. AND P.S. TINSUKIA
          DIST.- TINSUKIA
         ASSAM
          PIN- 786125. (OWNER OF THE VEHICLE NO. AS-23-A-3235).

         3:SRI RAMLAL RAI
         S/O- LATE DIP NARAYAN RAI
         R/O- CHIRAPATTI
         P.O.
         P.S. AND DIST.- TINSUKIA
         ASSAM
         PIN- 786125.
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             (DRIVER OF THE VEHICLE NO. AS-23-A-3235).
              ------------
              Advocate for : MR. K K BHATRA
             Advocate for : appearing for PRAKHEND RAJKHOWA AND 2 ORS.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 23.07.2025

Heard Ms. A. Biyani, learned counsel for the applicant.

2. This interlocutory application, is preferred by the applicant for staying the judgment and award dated 28.09.2018, passed by the learned member, Motor Accident Claims Tribunal, in M.A.C Case No. 81/2014.

3. Ms. Biyani, learned counsel for the applicant submits that the applicant is preferred one M.A.C Appeal and the same has already been admitted by this Court and the record has also been called for. In the meantime, the respondent/opposite parties herein have instituted one execution proceeding in Misc.J Case No. 8/2018 and the next date is fixed on 28.07.2025 and as such, there is a requirement for staying the impugned judgment and award dated 28.09.2018, and the applicant is ready to pay 50% of the awarded amount before the Registry of this Court.

4. Having heard the submissions of learned counsel for the applicant, and considering the facts and circumstances on record, the operation of the impugned judgment and award dated 28.09.2018, stands stayed till returnable date.

5. Subject to however to depositing of 50% of the awarded amount before the Registry of this Court within a period of 3 (three) weeks from today.

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6. In terms of above, this I.A. stands disposed of.

JUDGE

Comparing Assistant