Cholamandalam Ms General Insurance ... vs Karibjan Begum And Ors
2025 Latest Caselaw 3661 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Karibjan Begum And Ors on 3 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/3

GAHC010019542025




                                                             undefined

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

                           Case No. : I.A.(Civil)/586/2025

         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS BRANCH OFFICE AT AASTHA PLAZA
         OPPOSITE OF S.B. DEORAH COLLEGE
         4TH FLOOR
         BORA SERVICE
         GUWAHATI
         DIST. KAMRUP (M)
         ASSAM.


          VERSUS

         KARIBJAN BEGUM AND ORS
         W/O LATE SAIDUL ALI

         2:NUR ISLAM
         S/O. LT. SAIDUL ALI.

         3:SAFIKUL ALI
         S/O. LT. SAIDUL ALI.

         4:SARIFUL ALI
         S/O. LT. SAIDUL ALI.

         5:CHAJINA BEGUM
         D/O. LT. SAIDUL ALI.
         ALL ARE R/O. VILL.- SALMARA BHOIRA
         P/O. JAGARA
         P/S. BELSOR
         DIST. NALBARI
         ASSAM
         PIN-781310.

          6:NAREN DEKA
                                                                     Page No.# 2/3

             S/O. LT. LANGKESWAR DEKA
             R/O. VILL.- NALICHA
             P/O. JAGARA
             P/S. BELSOR
             DIST. NALBARI
             ASSAM.
             ------------
             Advocate for the applicant(s): Mr. A Bhattacharyya

             Advocate for the respondent(s):




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 03.03.2025

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

2. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, (for short, the Code) for stay of the operation of the impugned judgment and order dated 02.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.1705/2020.

3. This Court had already admitted the accompanying appeal.

4. Taking into account the materials on record and the grounds of objection, this Court is of the opinion that the impugned judgment and order dated 02.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.1705/2020 is required to be stayed, subject to deposit of 70% of the awarded amount before the Registry of Page No.# 3/3

this Court within 6(six) weeks from today.

5. Accordingly, the judgment and order dated 02.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.1705/2020 is stayed till the disposal of the instant appeal subject to deposit of 70% of the awarded amount within 6(six) weeks from the date of the instant order.

6. The claimants 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 also upon furnishing of the bank particulars release the said amount to the claimants.

7. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant