Cholamandalam Ms General Insurance ... vs Kshirada Bora @ Borah And 6 Others
2025 Latest Caselaw 1597 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Kshirada Bora @ Borah And 6 Others on 30 July, 2025

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GAHC010157172025




                                                                          undefined

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

                   Case No. : I.A.(Civil)/2328/2025 in MACApp./304/2025



         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGD. OFFICE AND HEAD OFFICE DARE HOUSE
         SECOND FLOOR
         NO.-2, N.S.C. BOSE ROAD
         CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
         4TH FLOOR, OPPOSITE OF S.B. DEORAH COLLEGE
         G.S. ROAD, GUWAHATI.


          VERSUS

         KSHIRADA BORA @ BORAH AND 6 OTHERS
         W/O. SRI PREMADHAR BORA

         2:PREMADHAR BORA
         S/O. LT. NITYANANDA BORA @ BORAH

         3:TAIZA BORAH
         D/O. PREMADHAR BORA
         ALL ARE R/O. VILL.- BORPATHAR
         P/S. NARAYANPUR, DIST. NORTH LAKHIMPUR
         ASSAM, PIN-787031
         PRESENT ADDRESS-
         C/O. SUKUR LASKAR
         R/O. DATALPARA NATUN BASTI
         P/S. FATASIL AMBARI
         DIST. KAMRUP (M)
         ASSAM, PIN-781025

         4:BIMAL BISWAS
         S/O. LT. HARIPRASAD BISWAS
         R/O. VILL.- NIZ LALUK
                                                                         Page No.# 2/3

          P/S. LALUK
          PIN-786140
          DIST. NORTH LAKHIMPUR
          ASSAM

          5:HEMANTA DAS
          S/O. SRI AJIT DA
          R/O. VILL.- KUMARKARTA
          P/S. PANIGAON
          PIN-787052
          DIST. NORTH LAKHIMPUR
          ASSAM

          6:SBI GENERAL INSURANCE COMPANY LTD
          REP. BY ITS GENERAL MANAGER
          2ND FLOOR LAKSHMI DARSHAN
          G.S. ROAD
          POOPSITE BORA SERVICE
          DIST. KAMRUP
          GUWAHATI-781007
          ASSAM.KAMRUP METRO
          ASSAM

          7:JIBESWAR SAIKIA
          S/O. LT. DHANIRAM SAIKIA
          R/O. BORPATHAR
          P/S. NARAYANPUR
          P/O. GOSAIBARI
          DIST. NORTH LAKHIMPUR
          ASSAM
          PIN-787001NORTH LAKHIMPUR
          ASSAM
          ------------
          Advocate for : MS. M SAIKIA
          Advocate for : appearing for KSHIRADA BORA @ BORAH AND 6 OTHERS



                                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.R. Page No.# 3/3

Agarwala, learned counsel for the respondent Nos.1--3.

This interlocutory application is preferred by the applicant for staying the operation of the impugned judgment and award dated 22.04.2025, passed by the learned Tribunal, Motor Accident Claims Tribunal (MACT) No.2, Kamrup(M), Guwahati, in MAC Case No.373/2020 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 22.04.2025 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