The National Insurance Company Ltd vs Sabitri Konwar And 3 Ors
2025 Latest Caselaw 4042 Gua

Gauhati High Court

The National Insurance Company Ltd vs Sabitri Konwar And 3 Ors on 12 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010252122024




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

                                Case No.: I.A.(Civil)/409/2025

          THE NATIONAL INSURANCE COMPANY LTD
          HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET
          KOLKATA 700071 AND REGIONAL OFFICE AT GS ROAD
          BHANGAGARH
          GUWAHATI 5
          REPRESENTED BY ITS REGIONAL MANAGER
          REGIONAL OFFICE
          GUWAHATI

          VERSUS

          SABITRI KONWAR AND 3 ORS
          W/O SUSHIL KONWAR
          RESIDENT OF VILLAGE PUB BALIGAON
          PO AND PS GOGAMUKH
          DIST DHEMAJI ASSAM 787034

          2:SRI KULIN KONWAR
          S/O SUSHIL KONWAR RESIDENT OF VILLAGE PUB BALIGAON PO AND PS
          GOGAMUKH DIST DHEMAJI ASSAM 787034
           3:SRI GOBINDA SARKAR
          S/O TARAPADA SARKAR RESIDENT OF BARA SIMILUGURI GHOKSADANGA
          KOCH BIHAR WEST BENGAL 736171
           4:RELIANCE GENERAL INSURANCE CO LTD
          5TH FLOOR PRAG PLAZA GS ROAD BHANGAGARH GUWAHATI 0

For the applicant (s)    : Mr. P. J. Barman, Advocate

For the respondent (s) : XXXX
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                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

12.03.2025

Heard Mr. P. J. Barman, the learned counsel appearing on behalf of the appellant.

2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the judgment and award dated 17.09.2024 passed by the learned Member, MACT, Lakhimpur in MAC Case No.13/2022.

3. Taking into account the above, the impugned judgment and award dated 17.9.2024 is stayed subject to deposit of 50% of the said amount as awarded vide the judgment and award dated 17.09.2024 before the Registry of this Court within 6(six) weeks from today.

4. This Court grants liberty to the claimants to file an application before the Registry of this Court and upon such application being filed, the Registry shall after making due identification and proper verification and upon furnishing of the bank details release the said amount to the claimants.

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5. In view of the above, the instant I.A. stands disposed of.

JUDGE

Comparing Assistant