United India Insurance Co. Ltd vs Sri Digbijay Mandal And Ors
2025 Latest Caselaw 3666 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Sri Digbijay Mandal And Ors on 3 March, 2025

                                                                  Page No.# 1/3

GAHC010218182024




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

                        Case No. : I.A.(Civil)/3332/2024


         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD
         DISPUR
         GUWAHATI.


          VERSUS

         SRI DIGBIJAY MANDAL AND ORS
         S/O. LATE ASHANANDA MANDAL

         2:PARBOTI MANDAL
         W/O. SRI DIGBIJAY MANDAL
         BOTH ARE RESIDENTS OF-
         R/O. VILL.- ALISINGA
          P/O. SILCHANG
          P/S. LAHARIGHAT
          DIST. MORIGAON
         ASSAM
          PIN-782127.

         3:ZEMABAWK FILING STATION
         M/S. CHANDNAL SEROWGI AND CO.
         LAKHARA CHARIALI
         P/S. GORCHUK
         DIST.-KAMRUP(M)
         ASSAM
         PIN-781029.

         4:RAMADHAR CHOUHAN
         S/O. LATE RAJARAM CHOUHAN
         C/O.K. DAS
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          H/NO.43
          W/NO.-17
          NEAR ASSAM PIL
          BETKUCHI
          P/S. GARCHUK
          DIST. KAMRUP(M)
          ASSAM
          PIN-781035.
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : appearing for SRI DIGBIJAY MANDAL AND ORS



                               BEFORE
            HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

Date : 03.03.2025

Heard Ms. P. Borthakur, learned counsel for the applicant/Insurance Company and Mr. A. Baruah, learned counsel for the opposite party Nos. 1 and

2.

2. This application is filed by the applicant/appellant for stay of the operation of the impugned judgment and award dated 08.07.2024 passed by the Member, MACT, Morigaon in connection with MAC (Injury) Case No. 76/2016 directing the applicant/appellant to pay a compensation of Rs.23,22,525/- (Rupees Twenty Three Lacs Twenty Two Thousand Five Hundred and Twenty Five) to the respondent No. 1/opposite party No. 1.

3. Learned counsel for the respondent No. 1/opposite party No. 1 has raised serious objection stating that the respondent No. 1/opposite party No. 1 will be highly prejudiced if 50% of the award is not allowed to be withdrawn.

4. I have considered the submissions at the bar with circumspection.

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5. The operation of the impugned judgment and award dated 08.07.2024 passed by the Member, MACT, Morigaon in connection with MAC (Injury) Case No. 76/2016 is hereby stayed until further orders.

6. The appellant is directed to deposit 50% of the quantum of compensation of Rs.23,22,525/- (Rupees Twenty Three Lacs Twenty Two Thousand Five Hundred and Twenty Five) within a period of four weeks.

7. In terms of the above observation, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant