Hdfc Ergo General Insurance Co. Ltd vs Debashish Saha And Anr
2025 Latest Caselaw 6967 Gua

Gauhati High Court

Hdfc Ergo General Insurance Co. Ltd vs Debashish Saha And Anr on 3 September, 2025

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GAHC010192762025




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

                                  Case No. : MACApp./404/2025

            HDFC ERGO GENERAL INSURANCE CO. LTD.
            HAVING ITS REGD. OFFICE AND HEAD OFFICE AT RAMON HOUSE, H.T.
            PAREKH MARG, 169, BACKBAY RECLAMATION, MUMBAI 400020 AND ITS
            GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING, 6TH FLOOR,
            LACHIT NAGAR, G.S. ROAD, GUWAHATI, ASSAM, PIN-781007.



            VERSUS

            DEBASHISH SAHA AND ANR.
            S/O. LT. KSHITISH SAHA, R/O. GOSSAIGAON, WARD NO. 1, P/O. AND P/S.
            GOSSAIGAON, DIST. KOKRAJHAR (BTAD), ASSAM, PIN-783360

            2:SURAJ KUMAR ROY
             S/O. SRI TAPAN ROY
             R/O. GASSAIGAON TOWN
            WARD NO. 1 (UTTARPARA)
             P/O. AND P/S. GOSSAIGAON
             DIST. KOKRAJHAR (BTAD)
            ASSAM
             PIN-78336

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

Advocate for the Respondent : ,




             Linked Case : I.A.(Civil)/2887/2025

            HDFC ERGO INSURANCE CO. LTD.
                                                                     Page No.# 2/3

          HAVING ITS REGD. OFFICE AND HEAD OFFICE AT RAMON HOUSE
          H.T. PAREKH MARG
          169
          BACKBAY RECLAMATION
          MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
          BUILDING
          6TH FLOOR
          LACHIT NAGAR
          G.S. ROAD
          GUWAHATI
          ASSAM
          PIN-781007.


          VERSUS

          DEBASHISH SAHA AND ANR.
          S/O. LT. KSHITISH SAHA
          R/O. GOSSAIGAON
          WARD NO. 1
          P/O. AND P/S. GOSSAIGAON
          DIST. KOKRAJHAR (BTAD)
          ASSAM
          PIN-783360

          2:SURAJ KUMAR ROY
          S/O. SRI TAPAN ROY
           R/O. GASSAIGAON TOWN
          WARD NO. 1 (UTTARPARA)
           P/O. AND P/S. GOSSAIGAON
           DIST. KOKRAJHAR (BTAD)
          ASSAM
           PIN-783360
           ------------
          Advocate for : MS. M SAIKIA
          Advocate for : appearing for DEBASHISH SAHA AND ANR.



                               BEFORE
            HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

03.09.2025 Learned counsel Mr. R. Goswami is present on behalf of the applicant/insurer who is aggrieved by the judgment and award dated 28.05.2025 passed by the Page No.# 3/3

learned Member, MACT, Kokrajhar in MAC Case No. 13/2020 as the insurer is aggrieved by the quantum of loss of dependency awarded to the calimant. It is submitted that there is every possibility that the appeal may succeed. I have also scrutinized the impugned judgment and award. Considering all aspects, the operation of the impugned judgment and award dated 28.05.2025 passed by the learned Member, MACT, Kokrajhar in MAC Case No. 13/2020 is stayed until further orders subject to the condition that the applicant/insurer deposits 50% of the awarded compensation before the Registry of this Court within 4 (four) weeks from today.

JUDGE

Comparing Assistant