Cholamandalam Ms General Insurance ... vs Swapna Paul @ Swapna Rani Paul @ Swapna ...
2025 Latest Caselaw 1596 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Swapna Paul @ Swapna Rani Paul @ Swapna ... on 30 July, 2025

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GAHC010198182024




                                                                          undefined

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

                   Case No. : I.A.(Civil)/1998/2025 in MACApp./265/2025



         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND
         FLOOR
         NO. 2
         N.S.C BOSE ROAD
         CHENNAI 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
         4TH FLOOR
         OPP. TO SB DEORAH COLLEGE GS ROAD
         GUWAHATI


          VERSUS

         SWAPNA PAUL @ SWAPNA RANI PAUL @ SWAPNA RANI DAS @ RINA PAUL
         AND ORS H
         W/O LATE SADHAN PAUL RESIDENT OF VILLAGE AND PO BORJALENGA
         PS SILCHAR
         DIST CACHAR
         ASSAM 788117

         2:SRI SUBRAJIT PAUL
         S/O LATE SADHAN PAUL
         RESIDENT OF VILLAGE AND PO BORJALENGA
          PS SILCHAR
          DIST CACHAR
         ASSAM 788117
         TO BE REP. BY RES. NO. 1

         3:SRI BILTU PAUL
         S/O LATE SADHAN PAUL
         RESIDENT OF VILLAGE AND PO BORJALENGA
         PS SILCHAR
                                                                          Page No.# 2/3

           DIST CACHAR
           ASSAM 788117
           TO BE REP. BY RES. NO. 1

           4:AZAD HIND TEA TRIBES YOUTH CLUB
           REPRESENTED BY THE PRESIDENT
           AZAD HIND TEA TRIBES YOUTH CLUB
           VILLAGE AND PO DERBI T.E
           PS SILCHAR
           DIST CACHAR
           ASSAM
           788112

           5:MD. FAZRUL ISLAM LASKAR
           S/O MD. ALI LASKAR

           RESIDENT OF VILLAGE BASKAI
           PO AND PS DHOLAI
           DIST CACHAR
           ASSAM 788114

             6:SRI SIBU DAS

           S/O MAHADEV DAS
           RESIDENT OF KACHULUKUWA MADHAB NAGAR
           PO
           PS AND DIST NAGAON
           PRESENTLY RESIDENT OF VILLAGE PO AND PS GINJIYA
           DIST BISWANATH
           ASSAM
           ------------
           Advocate for : MR. R GOSWAMI
           Advocate for : MR A B DEY (R 1-3) appearing for SWAPNA PAUL @ SWAPNA
           RANI PAUL @ SWAPNA RANI DAS @ RINA PAUL AND ORS H



                                  BEFORE
                     HON'BLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

30.07.2025

Heard Mr. R. Goswami, learned counsel for the applicant and also heard Mr. A.B. Dey, learned counsel for the respondent Nos.1--3.

Page No.# 3/3

This interlocutory application is preferred by the applicant for staying the operation of the impugned judgment and award dated 04.06.2024, passed by the learned Tribunal, Motor Accident Claims Tribunal (MACT), Cachar, Silchar, in MAC Case No.374/2020 till disposal of the connected appeal.

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

Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 04.06.2024 stands stayed, subject to depositing 50% of the awarded amount by the applicant before the Registry of this Court within a period of 4(four) weeks from today.

In terms of above, this application stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant