The New India Assurance Co. Ltd vs Guna Kanta Baruah
2025 Latest Caselaw 3660 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Guna Kanta Baruah on 3 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010038262025




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

                         Case No. : I.A.(Civil)/578/2025

         THE NEW INDIA ASSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956
         REP BY ITS REGIONAL MANAGER
         G.S. ROAD
         GUWAHATI-7.


          VERSUS

         GUNA KANTA BARUAH
         S/O. HEMO BARUAH
         R/O. JULIGURI GAON
         P/O. LAHOWAL. P/S. LAHOWAL
         DIST. DIBRUGARH
         ASSAM-786010.

         2:GOPINATH SONOWAL
         S/O. KULESWAR SONOWAL
          R/O. VILL.- NAHARONI GAON
          P/O. NAHARONI VIA BORBORUAH
          P/S. BORBORUAH
          DIBRUGARH
         ASSAM-786007.

         3:LAKHINATH KONWAR
         S/O. LT. GOKUL KONWAR
         R/O. VILL.- JULIGURI GAON
         P/O AND P/S. LAHOWAL
         DIST. DIBRUGARH
         ASSAM
         PIN-786010.
                                                                     Page No.# 2/3

             Advocate for the applicant(s): Mr. A Acharya

             Advocate for the respondent(s):




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 03.03.2025

Heard Mr. A Acharya, the learned counsel appearing on behalf of the applicant.

2. This is an application for stay of the judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 whereby an amount of Rs.2,20,000/- had been directed to be paid to the claimants along with interest @ 7% per annum from the date of filing of the claim petition till payment to the claimants.

3. This Court having perused the impugned judgment and award dated 14.11.2024 is of the opinion that taking into account the dispute involved, interest of justice would be met if the impugned judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 is stayed subject to deposit of an amount of Rs.1,40,000/- along with interest @7% per annum from the date of filing of the claim application before the Registry of this Court within 6(six) weeks from today.

4. Accordingly, the impugned judgment and award dated 14.11.2024 passed Page No.# 3/3

by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 is stayed till the disposal of the instant appeal, provided the appellant deposits an amount of Rs.1,40,000/- along with interest @7% as awarded by the learned Tribunal before the Registry of this Court within 6(six) weeks from today.

5. The claimant/respondent No.1 shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and upon furnishing of the bank particulars release the said amount to the claimants.

6. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant