Single judge of the Gauhati High Court stayed the operation of a judgment of the Motor Accidents Claims Tribunal amidst a connected appeal, directing 50% deposit of the awarded amount.
Staying the operation of the impugned judgment of the MACT and directing 50% deposit of the awarded amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010148222020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./295/2021
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI.
VERSUS
KONMAI SAIKIA AND 3 ORS. (H)
2:PABITRA SAIKIA S/O- LATE BIPIN CHANDRA SAIKIA R/O- VILLAGE- 1 NO. MOUMARI GAON P.O. KATHALGURI P.S. DULIAJAN DIST.- DIBRUGARH ASSAM PIN- 786602.
3:KUKHAL SAIKIA S/O- LATE BIPIN CHANDRA SAIKIA R/O- VILLAGE- 1 NO. MOUMARI GAON P.O. KATHALGURI P.S. DULIAJAN DIST.- DIBRUGARH ASSAM PIN- 786602.
4:JAYJIT GOGOI S/O- NANDESWAR GOGOI
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R/O- VILL.- LAHOWAL CHANGMAI GAON P.O. AND P.S. LAHOWAL DIST.- DIBRUGARH ASSAM PIN- 786010
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. K R BORA
Linked Case : I.A.(Civil)/1952/2021
NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI.
VERSUS
KONMAI SAIKIA AND 3 ORS. W/O- LATE BIPIN CHANDRA SAIKIA R/O- VILLAGE- 1 NO. MOUMARI GAON P.O. KATHALGURI P.S. DULIAJAN DIST.- DIBRUGARH ASSAM PIN- 786602.
2:PABITRA SAIKIA S/O- LATE BIPIN CHANDRA SAIKIA R/O- VILLAGE- 1 NO. MOUMARI GAON P.O. KATHALGURI P.S. DULIAJAN DIST.- DIBRUGARH ASSAM PIN- 786602. 3:KUKHAL SAIKIA S/O- LATE BIPIN CHANDRA SAIKIA R/O- VILLAGE- 1 NO. MOUMARI GAON P.O. KATHALGURI P.S. DULIAJAN
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DIST.- DIBRUGARH ASSAM PIN- 786602. 4:JAYJIT GOGOI S/O- NANDESWAR GOGOI R/O- VILL.- LAHOWAL CHANGMAI GAON P.O. AND P.S. LAHOWAL DIST.- DIBRUGARH ASSAM PIN- 786010. -----------Advocate for : MR. R GOSWAMI Advocate for : MR. K R BORA appearing for KONMAI SAIKIA AND 3 ORS.
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : --01.12.2021
Heard Mr. R. Goswami, the learned counsel appeared for the appellant.
Also heard Mr. A.R. Bora, the learned counsel for the respondent nos. 1, 2 and 3 and Mr. D. Chutiya, the learned counsel for respondent no. 4.
In view of admission of connected appeal, the operation of the impugned Judgment dated 14.10.2019, passed by the MACT No. 1 Kamrup (M) in MAC Case No. 1447/2015, is stayed till disposal of the appeal subject to the condition that 50% of the awarded amount shall be deposited in the Registry of this Court within next six (6) weeks.
On deposit of such money, same shall be disbursed to the claimant no. 1 Smt Konmoi Saikia with proper verification.
With the aforesaid direction I.A stands disposed of.
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JUDGE
Comparing Assistant
NATIONAL INSURANCE COMPANY LTD.
KONMAI SAIKIA
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
