Gauhati High Court
United India Insurance Co. Ltd vs Bapon Das And 2 Ors on 30 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010102132025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1682/2025
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE
1ST FLOOR
G.S. ROAD
NEAR DISPUR POST OFFICE
GUWAHATI
KAMRUP(M)
PIN 781005 REPRESENTED BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
BAPON DAS AND 2 ORS
S/O NIKHIL DAS
R/O KARMAKARPARA
P.S. KRISHNAI
P.O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN 783101
2:MR. CHOTALAL SAH
S/O KRISHNA SAH
R/O VILL. RONGRAM BAZAR
P.O. RONGRAM BAZAR
P.S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
PIN CODE 794111
3:SANJIT BORO
Page No.# 2/4
S/O PRADIP BORO
R/O VILL. DILINGA SONAPUR
P.S. BOKO
P.O. SINGRA DIST. KAMRUP(R)
ASSAM
PIN 781123
------------
In MACApp./222/2025
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST
FLOOR, G.S. ROAD, NEAR DISPUR P.O., GUWAHATI, KAMRUP (M), PIN
781005 REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI
REGIONAL OFFICE.
VERSUS
BAPON DAS AND 2 ORS
S/O NIKHIL DAS, R/O KARMAKARPARA, P.S. KRISHNAI, P.O. KRISHNAI,
DIST. GOALPARA, ASSAM, PIN CODE 78101
2:MR. CHOTALAL SAH
S/O KRISHNA SAH
R/O VILL. RONGRAM BAZAR
P.O. RONGRAM BAZAR
P.S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
PIN CODE 794111
3:SANJIT BORO
S/O PRADIP BORO
R/O VILL. DILINGA SONAPUR
P.S. BOKO
P.O. SINGRA DIST. KAMRUP(R)
ASSAM
PIN 78112
Page No.# 3/4
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
21.02.2025 passed by the learned Member, Motor Accident Claims Tribunal
Goalpara in MAC Case No.29/2021.
2. Taking into account the grounds of objection on which the appeal has been
admitted, this Court stays the impugned judgment and award dated 21.02.2025
passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC
Case No.29/2021 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.
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.
Page No.# 4/4
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
