Allowed

Reliance General Insurance Co. Ltd. v. Srimati Mamoni Baruah and 2 Ors.

Gauhati HC8 Jun 2022I.A.(Civil)/1213/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application for a stay on the operation of an impugned MAC award. The insurance applicant was directed to deposit 70% of the awarded amount within six weeks to stay the order.

What did the court decide?

Allowed stay of the operation of the judgment dated 20.12.2016 upon deposit of 70% of the awarded amount within six weeks.

Reliance General Insurance Co. Ltd. Vs Srimati Mamoni… — Motor Accident Claims | Gauhati HC (2022)

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GAHC010169932017

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

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Case No. : I.A.(Civil)/1213/2022

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RELIANCE GENERAL INSURANCE CO. LTD

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HAVING ITS REGISTERED OFFICE AT 570 NAIGAUM CROSS ROAD

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NEXT TO ROYAL INDUSTRIAL ESTATE

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WADALA W

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MUMBAI 400031 AND BRANCH OFFICE AT 5TH FLOOR

ANIL PLAZA

G.S. ROAD

GUWAHATI 781005

REPRESENTED BY THE REGIONAL MANAGER

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VERSUS

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SRIMATI MAMONI BARUAH and 2 ORS W/O LATE GIRISH BARUAH

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2:DIPANKAR BARUAH

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S/O LATE GIRISH BARUAH INJURED BOTH ARE R/O VILL. NAOBOISHIA

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P.S. NAOBAICHIA

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DIST. NORTH LAKHIMPUR

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ASSAM.

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Advocate for : MS. N MODI

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Advocate for : appearing for SRIMATI MAMONI BARUAH and 2 ORS

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Linked Case : MACApp./200/2022

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RELIANCE GENERAL INSURANCE CO. LTD

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HAVING ITS REGISTERED OFFICE AT 570 NAIGAUM CROSS ROAD, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA W, MUMBAI 400031 AND

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BRANCH OFFICE AT 5TH FLOOR, ANIL PLAZA, G.S. ROAD, GUWAHATI 781005, REPRESENTED BY THE REGIONAL MANAGER

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VERSUS

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SRIMATI MAMONI BARUAH and 2 ORS W/O LATE GIRISH BARUAH

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2:DIPANKAR BARUAH

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S/O LATE GIRISH BARUAH INJURED BOTH ARE R/O VILL. NAOBOISHIA P.S. NAOBAICHIA DIST. NORTH LAKHIMPUR ASSAM

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Advocate for the Petitioner : MS. N MODI

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Advocate for the Respondent : MR D MONDAL

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 08.06.2022

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Heard Mr. K. K. Bhatta, learned counsel, appearing on behalf of the applicant/Insurance Company.

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Also heard Mr. Digvijay Mondal, learned counsel appearing on behalf of opposite parties No. 1 & 2/claimants.

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This is an application praying for stay of the operation of the impugned judgment and award, dated 20.12.2016, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in MAC Case No. 2113/2011, whereby

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compensation to the tune of Rs. 25,00,000/- along with interest @ 6% p.a. from the date of filing of the claim petition till payment by the applicant/Insurance Company, has been awarded to the opposite parties No. 1 & 2/ claimants.

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Upon hearing the learned counsel for the applicant/Insurance Company and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 20.12.2016, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in MAC Case No. 2113/2011, shall remain stayed subject to deposit of 70% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

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On such deposit being made by the applicant/Insurance Company, the opposite parties No. 1 & 2/claimants shall be at liberty to withdraw the deposited amount, in question, on being properly identified by the engaged counsel and by following the due process of identification as notified by the Registry of this Court, from time to time.

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The interlocutory application stands allowed and accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Reliance General Insurance Co. Ltd. v. Srimati Mamoni Baruah and 2 Ors.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd. v. Srimati Mamoni Baruah and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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