The Reliance General Insurance Co. Ltd vs Gitanjali Borah And 3 Ors
2025 Latest Caselaw 3962 Gua

Gauhati High Court

The Reliance General Insurance Co. Ltd vs Gitanjali Borah And 3 Ors on 10 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010222632024




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

                         Case No. : I.A.(Civil)/683/2025

         THE RELIANCE GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 19
         RELIANCE CENTRE
         WALCHAND HARICHAND MARG
         BALLARD ESTATE
         MUMBAI 400001 AND CORPORATE OFFICE AT 570
         RECTIFIER HOUSE
         NAGAUM CROSS
         NEST TO ROYAL INDUSTRIAL ESTATE
         WADALA (W)
         MUMBAI 400031 AND ONE OF THE BRANCHE OFFICE AT PRAG PLAZA
         5TH FLOOR
         G.S. ROAD
         BHANGAGARH
         GUWAHATI-781005.


          VERSUS

         GITANJALI BORAH AND 3 ORS
         W/O. LT. DWIJENDRA MOHAN BORAH.

         2:BIDISHA BORAH
         D/O. LT. DWIJENDRA MOHAN BORAH.

          3:PARTHANA BORAH
         D/O. LT. DWIJENDRA MOHAN BORAH
          ALL ARE R/O. OF VILL.- KACHARIGAON
          P/O. KATHIATOLI
          P/S. KAMPUR
          DIST. NAGAON
          ASSAM
          PIN-782427.
         (RESPONDENT NO. 3 BEING MINOR IS REP. BY THE RESPONDENT NO. 1
                                                                         Page No.# 2/3

            BEING MOTHER AND NATURAL GUARDIAN)

            4:BIKASH TIWARI
            S/O. JITENDRA TIWARI
            R/O. A.K. AZAD ROAD
            REHABARI
            GUWAHATI
            KAMRUP (M)
            ASSAM
            PIN-781008.
            ------------
            For the Applicant(s)    : Mr. A. J. Saikia, Advocate

            For the Respondent(s)   : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 10.03.2025

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 11.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020.

2. This Court had already admitted the accompanying appeal.

3. 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 11.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020 is required to be stayed, subject to deposit of 50% of the awarded amount before the Registry of this Court within 6(six) weeks from today.

4. Accordingly, the judgment and order dated 11.06.2024 passed by Page No.# 3/3

the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.228/2020 is stayed till the disposal of the instant appeal subject to deposit of 50% of the awarded amount within 6 (six) weeks from the date of the instant order.

5. 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.

6. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant