New India Assurance Company Ltd vs Rijuwana Sultana @ Rezuwana Sultana And ...
2025 Latest Caselaw 5313 Gua

Gauhati High Court

New India Assurance Company Ltd vs Rijuwana Sultana @ Rezuwana Sultana And ... on 13 June, 2025

                                                                                 Page No.# 1/2

GAHC010153462024




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

                   Case No. : I.A.(Civil)/1879/2025 in MACApp./255/2025



         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW DELHI ASSURANCE
         BUILDING
         87
         MAHATMA GANDHI ROAD
         FORT MUMBAI-400001 AND REGIONAL OFFICE AT G. S ROAD
         GUWAHATI-5
         REPRESENTED BY THE CHIEF REGIONAL MANAGER.


          VERSUS

         RIJUWANA SULTANA @ REZUWANA SULTANA AND ANR A
         W/O. DILDAR HUSSAIN
         VILL. LAHARIGHAT
         P.S. LAHARIGHAT
         DIST. MORIGAON
         ASSAM.

         2:MD. HARUN AL RASHID
         S/O. MD. JONAB ALI
          R/O. SARU RADHA ATI
          P.S. DHING
          DIST. NAGAON
         ASSAM.
          ------------
         Advocate for : MR. S DUTTA
         Advocate for : MR. M TALUKDAR appearing for RIJUWANA SULTANA @
         REZUWANA SULTANA AND ANR A
                                                                              Page No.# 2/2

                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

13.06.2025

Heard Mr. S. Dutta, learned counsel for the applicant.

This interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 is preferred by the applicant, Oriental Insurance Co. Ltd., for staying the operation of the impugned judgment and award dated 03.02.2024, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, in MAC Case No.20/2021.

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 03.02.2024 stands stayed, subject to depositing 50% of the awarded amount by the applicant before the Registry of this Court within a period of two weeks from today.

The learned counsel for the respondent No.1/claimant submits that he may be permitted to withdraw the amount to be deposited before the Registry of this Court.

Prayer is accordingly allowed.

In terms of above, this application stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant