Gauhati High Court
United India Insurance Company Limited vs Anita Rani Saha And 3 Others on 30 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010102162025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1678/2025
UNITED INDIA INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI-6000014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST
FLOOR
G.S. ROAD
NEAR DISPUR POST OFFICE
GUWAHATI
KAMRUP (M)
PIN-781005 REP BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
ANITA RANI SAHA AND 3 OTHERS
W/O. BISHWAJIT SAHA
2:BISHWAJIT SAHA
S/O. LT. ANHAY CHANDRA SAHA
BOTH ARE THE RESIDENT OF VILLAGE JOTINAGAR
P/S. KRISHNAI
P/O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN-783101.
3:CHOTALAL SAH
S/O. KRISHNA SAHA
R/O. VILL.- RONGRAM BAZAR
P/O. RONGRAM BAZAR
P/S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
PIN-794111.
Page No.# 2/4
4:SANJIT BORO
S/O. PRADIP BORO
R/O. VILL.- DILINGA
SONAPUR
P/S. BOKO
P/O. SINGRA
DIST. KAMRUP (R)
ASSAM
PIN-781123.
------------
In MACApp./220/2025
UNITED INDIA INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI-6000014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE
1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI,
KAMRUP (M), PIN-781005 REP BY THE REGIONAL MANAGER,
GUWAHATI REGIONAL OFFICE.
VERSUS
ANITA RANI SAHA AND 3 ORS.
W/O. BISHWAJIT SAHA
2:BISHWAJIT SAHA
S/O. LT. ANHAY CHANDRA SAHA
BOTH ARE THE RESIDENT OF VILLAGE JOTINAGAR
P/S. KRISHNAI
P/O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN-783101.
3:CHOTALAL SAH
S/O. KRISHNA SAHA
R/O. VILL.- RONGRAM BAZAR
P/O. RONGRAM BAZAR
P/S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
PIN-794111.
4:SANJIT BORO
S/O. PRADIP BORO
Page No.# 3/4
R/O. VILL.- DILINGA
SONAPUR
P/S. BOKO
P/O. SINGRA
DIST. KAMRUP (R)
ASSAM
PIN-781123
Advocate for the applicant(s): Mr. T Kalita
Advocate for the respondent(s):
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
30.05.2025
This is an application filed under Order XLI Rule 5 of the Code of Civil
Procedure, 1908 for stay of the impugned judgment and award dated
15.02.2025 passed by the learned Member, Motor Accident Claims Tribunal
Goalpara in MAC Case No.34/2021.
2. Taking into account the grounds of objection on which the appeal has been
admitted, this Court stays the impugned judgment and award dated 15.02.2025
passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC
Case No.34/2021 till the disposal of the accompanying appeal subject to deposit
of 50% of the awarded amount along with the applicable interest from the date
of filing of the claim application before the Registry of this Court within 6 (six)
weeks from the date of the instant order.
Page No.# 4/4
3. On such deposit being made, the claimants shall be at liberty to file
appropriate application before the Registry of this Court for release of the said
amount 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.
4. In the circumstance, the Appellant/Applicant succeeds in the accompanying
appeal, this Court would pass appropriate directions for recovery to be made by
the Appellant from the owner.
5. Interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
