United India Insurance Company Ltd vs Purnima Kalita And 5 Ors
2025 Latest Caselaw 5079 Gua

Gauhati High Court

United India Insurance Company Ltd vs Purnima Kalita And 5 Ors on 28 May, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010136312024




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

                         Case No. : I.A.(Civil)/2119/2024

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

         VERSUS

         PURNIMA KALITA AND 5 ORS.
         W/O LATE BIRESH KALITA, VILL.- PURAN KATAHI, P.S.- CHHAYGAON,
         DIST.- KAMRUP, ASSAM, PIN- 781124.

         2:ULACHI KALITA
          M/O LATE BIRESH KALITA

         VILL.- PURAN KATAHI
         P.S.- CHHAYGAON
         DIST.- KAMRUP
         ASSAM
         PIN- 781124.

         3:KANGKANA KALITA
          D/O LATE BIRESH KALITA

         VILL.- PURAN KATAHI
         P.S.- CHHAYGAON
         DIST.- KAMRUP
         ASSAM
         PIN- 781124.

         4:RUPJYOTI KALITA
          S/O LATE BIRESH KALITA

         VILL.- PURAN KATAHI
         P.S.- CHHAYGAON
                                                                        Page No.# 2/3

            DIST.- KAMRUP
            ASSAM
            PIN- 781124.

            5:ORNATE INFRACON PVT LTD.
             14TH BAIKUNTHAPUR PATH
             HATIGARH CHARIALI
             GUWAHATI
             DIST.- KAMRUP
            ASSAM
             PIN- 781021.

            6:SATYA KALITA
             S/O SRI RUPSING KALITA

            VILL.- KOTOHI
            P.S.- CHHAYGAON
            DIST.- KAMRUP
            ASSAM
            PIN- 781124

Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR
Advocate for the Respondent : ,


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

28.05.2025

Heard Mr. R. Goswami, learned counsel for the applicant.

By filing this application under Order XLI Rule V of the CPC, the applicant has prayed to stay the operation of the impugned judgment and award dated 17.01.2024 passed by the learned Member, MACT, Kamrup(M) in MAC Case No. 827/2018.

As the appeal is admitted for hearing, the impugned judgment and award dated 17.01.2024 passed by the learned Member, MACT, Kamrup(M) in MAC Case Page No.# 3/3

No. 827/2018 is stayed subject to payment of 50% of the awarded amount before the Registry of this Court.

It is submitted by the learned counsel for the applicant that the respondent No.6 has expired, who is the driver of the tractor and prayed to struck of his name.

Accordingly, Registry is directed to struck of the name of respondent No.6 from the cause title at the risk of the applicant.

This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant