Citation : 2025 Latest Caselaw 7742 Gua
Judgement Date : 13 October, 2025
Page No.# 1/3
GAHC010214832025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. :I.A.(Civil)/3264/2025
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR
HDFC HOUSE
165-166 BACKDAY RECLAMATION
H.T.PAREKH MARG
CHURCHGATE
MUMBAI 400020
MAHARASHTRA
ITS ZONAL OFFICE AT FOURTH FLOOR
BLOCK OFFICE AT FOURT FLOOR
BLOCK-C
22 CAMAC STREET
KOLKATA-700016 AND THE BRANCH OFFICE IS AT ADITYAM TOWER
6TH FLOOR
ULUBARI
G.S. ROAD
GUWAHATI
KAMRUP (M)
ASSAM IS REP. BY ITS DEPUTY MANAGER
LITIGATION DEPARTMENT AND T.P CLAIMS
VERSUS
INDIRA NARAH AND ANR.
WIFE OF -SONMONI NARAH
RESIDENT OF - NAGAN CHUK
POST OFFICE JENGRAIMUKH
POLICE STATIONJENGRAIMUKH
DISTRICT- MAJULI
ASSAM
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PIN CODE-785105
2:BEVARA PRASAD RAO
SON OF NARAYAN RAO
RESIDENT OF- HOUSE NO. DF-4
JACK BIB RESIDENCY
DONGRIM NAVELIM
N/O- SREKAKULEM
SOUTH GOA
PIN CODE-403707 (OWNER OF THE SCOOTY BEARING NO. GA 08/B-3548)
------------
Advocate for : MR T KALITA
Advocate for : appearing for INDIRA NARAH AND ANR.
In
MACApp. Case No. 460/2025
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
13.10.2025
1. Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. B.R. Das, the learned counsel for the respondent No. 1, who has submitted that he would be filing his Vakalatnama very soon.
2. This application under Order XLI, Rule 5 of the Code of Civil Procedure (1908) has been preferred by the applicant, praying for stay of the execution of the impugned judgment and order dated 19.06.2025, passed in MAC (Death) Case No. 09/2022, by the learned Member, Motor Accident Claims Tribunal, Lakhimpur.
3. The learned counsel for the respondent No. 1 has submitted that he may be allowed to file written objection in this case.
4. Issue notices to the respondent No. 2.
5. The applicant shall take steps for issuance of notice upon the respondent No. 2 by registered post with A/D as well as by usual mode within 7(seven) days from the date of this order, returnable after 4(four) weeks.
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6. List accordingly.
JUDGE
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