New India Assurance Company Limited vs Smti Mira Kachari And Ors
2025 Latest Caselaw 5489 Gua

Gauhati High Court

New India Assurance Company Limited vs Smti Mira Kachari And Ors on 18 June, 2025

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GAHC010107852025




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

                         Case No. : I.A.(Civil)/1632/2025

         NEW INDIA ASSURANCE COMPANY LIMITED
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, STARCITY COMPLEX, G. S. ROAD, LACHITNAGAR,
         GUWAHATI- 781007 REPRESENTED BY THE MANAGER, GAUHATI
         REGIONAL OFFICE, LACHITNAGAR, GUWAHATI- 781007.



         VERSUS

         SMTI MIRA KACHARI AND ORS
         W/O DIPAK KACHARI, VILL.- ROWDUAR POTHAR GAON, P.O.-
         NUMALIGARH, P.S.- BOKAKHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785615.
         (REP. BY HER HUSBAND DIPAK KACHARI).

         2:RAJA KALITA
          S/O RAMEN KALITA

         VILL.- HALMIRA DHANIRIPAR GAON

         P.O. AND P.S.- GOLAGHAT
          DIST.- GOLAGHAT
         ASSAM
          PIN- 785702.

         3:SURENDRA KAMP
          S/O ANIL KAMP

         R/O BOKAKHAT TOWN

         P.O. AND P.S.- BOKAKHAT
          DIST.- GOLAGHAT
         ASSAM
          PIN- 785612.
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            4:THE MANAGER
             UNITED INDIA INSURANCE CO. LTD.
             GOLAGHAT BRANCH
            THANA CHARIALI
             DIST.- GOLAGHAT
            ASSAM
             PIN- 785621

Advocate for the Petitioner   : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR

Advocate for the Respondent : MR. M DUTTA,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 18.06.2025

Heard Mr. R. D. Mozumder, learned counsel for the applicant and also heard Mr. K. Bhattacharjee, learned counsel appearing on behalf of Mr. M. Dutta, learned counsel for the respondent/opposite party No.1.

2. This interlocutory application is preferred by the applicant for staying operation of the judgment and award dated 08.08.2022, passed by the learned Motor Accident Claims Tribunal, Golaghat, in M.A.C. Case No. 100/2017, till disposal of the M.A.C Appeal.

3. Ms. Mozumder, submits that the applicant herein being appellant has preferred one M.A.C Appeal being M.A.C. Appeal No. 94/2024 and the same has already been admitted by this Court and also the record has been received and there is a requirement for staying the impugned judgment and award till disposal of the M.A.C. appeal.

4. Subject to depositing the 50% of the awarded amount before the Registry Page No.# 3/3

of this Court within 3 (three) weeks, the prayer stands allowed.

5. In terms of above, this I.A. stands closed.

JUDGE

Comparing Assistant