The Reliance General Insurance Company ... vs Kalpana Bora
2025 Latest Caselaw 421 Gua

Gauhati High Court

The Reliance General Insurance Company ... vs Kalpana Bora on 9 May, 2025

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GAHC010038792025




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

                        Case No. : I.A.(Civil)/908/2025




         THE RELIANCE GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 19
         RELIANCE CENTRE
         WALCHAND HARICHAND MARG
         BALLARD ESTATE
         MUMBAI 400001 AND CORPORATE OFFICE AT 570
         RECTIFIER HOUSE
         NAGAUM CROSS
         NEXT 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

         KALPANA BORA
         W/O. LT. BHUPEN CHANDRA BORA.

         2:MEENSMITA BORA
         D/O. LT. BHUPEN CHANDRA BORA.

         3:ANKITA BORA
         D/O. LT. BHUPEN CHANDRA BORA
         ALL ARE R/O. C/O. MONOMOHAN KAKATI HOUSE NO 201
         KAHIKUCHI
         NEW KOLONY
         P/O AND P/S AZRA KAMRUP METRO
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            DIST. KAMRUP (M)
            ASSAM
            PIN-781017.

            4:AVINASH TUKARAM KADAM
            S/O. TUKARAM SHANKAR KADAM
            PERMANENT RESIDENT OF 2A BILLET AIR MEN MESS AFS YELAHANKA
            BENGALURU
            PIN- 560063

            TEMPORARY R/O. C/O. LOHIT DEKA
            BARHATA BAIHATA CHARIALI
            P/O P/S. BAIHATA CHARIALI
            DIST.- KAMRUP RURAL
            PIN-781381.
            ------------
            Advocate for : MR. A J SAIKIA
            Advocate for : appearing for KALPANA BORA



                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                          ORDER

Date : 09.05.2025

1. Heard Mr. A.J Saikia, learned counsel for the appellant.

2. This is an application filed under Order 41 Rule 5 r/w Section 151 of Code of Civil Procedure praying for stay of operation of the impugned judgment and order dated 13.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), at Guwahati, Assam in M.A.C Case No. 758/2019.

3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and order dated 13.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), at Guwahati, Assam in M.A.C Case No. 758/2019 shall remain stayed subject to the condition that the applicant/appellant plant deposits, 50% of the total awarded amount, before the Registry of this Court within 6(six) days from today.

4. On such deposition made by the applicant/appellant, the respondent/claimant shall be allowed to withdraw the same on proper verification of their identity by the advocates.

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5. In terms of the direction of the Tribunal to release the amount to respondent No. 1 Smt. Kalpana Bora, mother of respondent No. 2 & 3 subject to the No-Objection given by the respondent No. 2 & 3 and on furnishing bonds of like amount.

JUDGE

Comparing Assistant