The New India Assurance Co. Ltd vs Babu Ch. Nath And 2 Ors . A
2025 Latest Caselaw 5495 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Babu Ch. Nath And 2 Ors . A on 18 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010052252023




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

                           Case No. : I.A.(Civil)/1732/2025


         THE NEW INDIA ASSURANCE CO. LTD .
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING
         87 MAHATMA GANDHI ROAD FORT
         MUMBAI 400001 AND REGIONAL OFFICE AT GUWAHATI


          VERSUS

         BABU CH. NATH AND 2 ORS . A
         S/O LATE HARENDRA KUMAR NATH RESIDENT OF RAILWAY QUARTER NO.
         106 (A) SAKUNTALA COLONY PANDU
          GUWAHATI 12
          PS JALUKBARI DIST KAMRUP
         ASSAM 781013

         2:SRI PULAKESH SHARMA
         S/O TARINI SHARMA

         RESIDENT OF VILLAGE BARNADI
         PO
         PS AND DIST NALBARI ASSAM 781335

          3:SRI TAPAN BARMAN
         S/O LANKESWAR BARMAN
         RESIDENT OF VILLAGE NARAKABAR
          PO KAHIPARA
          PS AZARA
          DIST KAMRUP ASSAM 781017
          ------------
         For the Applicant(s) : Ms. M. Choudhury, Advocate

         For the Respondent(s)     : Mr. J. Sarmah, Advocate
                                                                         Page No.# 2/3




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 18.06.2025

This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short 'the Code') for stay of the judgment and award dated 10.10.2022 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (M) at Guwahati in MAC Case No.267/2015.

2. This Court had already admitted the accompanying appeal by taking note of the grounds of objection so taken.

3. From the ground of objection, it is apparent that though the quantum is challenged on the ground that the monthly income was not proved but taking into account the settled principles of law, this Court is of the opinion that the ground of objection has no legs to stand.

4. Accordingly, the judgment and award dated 10.10.2022 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (M) at Guwahati in MAC Case No.267/2015 is stayed till the disposal of the instant appeal subject to deposit of Rs.5,58,689/- along with interest @6% per annum from the date of filing of the claim petition i.e. 16.02.2015 till date within 6 (six) weeks from the date of the instant order before the Registry of this Court.

5. The claimant No.1 shall be at liberty to file appropriate application before the Registry of this Court for release of the said amount and the Registry shall on the basis of such application and after making due Page No.# 3/3

identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimant No.1.

6. This Court observes that in the circumstance, the appellant is successful in the instant appeal, appropriate directions would be passed for recovery of the said amount from the owner of the vehicle.

7. I.A. stands disposed of.

JUDGE

Comparing Assistant