Allowed

National Insurance Company Limited v. Smti Basanti Das and 2 Ors.

Gauhati HC7 Jun 2022I.A.(Civil)/1656/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application seeking stay on a Motor Accident Claim judgment awarding Rs. 9,60,350. The court directed the Insurance Company to stay the award's operation upon depositing 50% of the amount within six weeks.

What did the court decide?

Stay on the operation of the impugned judgment until deposit of 50% of the awarded compensation amount within six weeks.

National Insurance Company Limited Vs Smti Basanti Das… — Motor Accident Claims | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010124652020

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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)/1656/2020

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NATIONAL INSURANCE COMPANY LIMITED

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HAVING ITS REGD OFFICE AT KOLKATA, REP. BY ITS REGIONAL OFFICE, GS ROAD, BHANGAGARH, GUWAHATI- 05, ASSAM

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VERSUS

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SMTI BASANTI DAS AND 2 ORS W/O- LATE BIREN DAS, R/O- VILL- AZARA, BORBORI, P.S- AZARA, DISTKAMRUP(M), ASSAM

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2:CHAYAMONI DAS D/O- LATE BIREN DAS R/O- VILL- AZARA BORBORI P.S- AZARA DIST- KAMRUP(M) ASSAM

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3:ARABINDA DAS S/O- RATNA DAS R/O- VILL- AZARA BORBORI P.S- BORBORI DIST- KAMRUP(M) PIN

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Advocate for the Petitioner : MR S S SHARMA

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Advocate for the Respondent :

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Linked Case : MACApp./232/2020 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGD OFFICE AT KOLKATA REP. BY ITS REGIONAL OFFICE GS ROAD BHANGAGARH GUWAHATI- 05 ASSAM VERSUS SMTI BASANTI DAS AND 2 ORS W/O- LATE BIREN DAS R/O- VILL- AZARA BORBORI P.S- AZARA DIST- KAMRUP(M) ASSAM 2:CHAYAMONI DAS D/O- LATE BIREN DAS R/O- VILL- AZARA BORBORI P.S- AZARA DIST- KAMRUP(M) ASSAM 3:ARABINDA DAS S/O- RATNA DAS R/O- VILL- AZARA BORBORI P.S- BORBORI DIST- KAMRUP(M) PIN-----------Advocate for : MR S S SHARMA Advocate for : MR D MONDAL (r-1 2) appearing for SMTI BASANTI DAS AND 2 ORS

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 07.06.2022

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Heard Mr. H. Buragohain, learned counsel for the applicant/ Insurance Company. 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 judgment and award, dated 07.12.2019, passed by the learned Addl. District & Sessions Judge(FTC) No. 3, Kamrup(M), Guwahati, in MAC Case No. 612/2013, whereby a compensation to the tune of Rs. 9,60,350/- along with interest @ 7.5% 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 counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 07.12.2019, passed by the learned Addl. District & Sessions Judge(FTC) No. 3, Kamrup(M), Guwahati, in MAC Case No. 612/2013, shall remain stayed subject to deposit of 50% 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 allowed to withdraw the deposited amount, in question, on furnishing an indemnity bond(s) by the opposite parties No. 1 & 2/claimants and after properly identified by the engaged counsel by following the due

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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

National Insurance Company Limited v. Smti Basanti Das and 2 Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Smti Basanti Das and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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