M/S New India Assurance Co. Ltd. Vs Smti. Prathiva Phukan and 2 Ors.

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GAHC010110982019

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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)/2651/2022

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M/S NEW INDIA ASSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD BHANGAGARH AT GUWAHATI

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VERSUS

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SMTI. PRATHIVA PHUKAN AND 2 ORS W/O.- SRI MUHI PHUKAN R/O- BALIJAN MAHMORA GAON P.O. RAJABARI P.S. KAKOTYBARI DIST.- SIVASAGAR ASSAM PIN- 785671 2:SRI RAJU DAS S/O- SRI JITEN CH. DAS R/O- MORAN KHATKHATI CHANGMAI GAON P.O. AND P.S. MORANHAT DIST.- SIVASAGAR ASSAM PIN- 785670. 3:MD. MUKIBUR RAHMAN S/O- LATE NICE ALI R/O- SIVASAGAR RAVIA P.O. P.S. AND DIST.- SIVASAGAR ASSAM PIN- 785640.

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-----------Advocate for : MR. K K BHATTA Advocate for : appearing for SMTI. PRATHIVA PHUKAN AND 2 ORS

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 02.09.2022

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Heard Mr. K. K. Bhatta, the learned counsel appearing on behalf of the Applicant.

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This is an application for stay of the judgment and award dated 19.12.2018 passed by Motor Accident Claims Tribunal, Sivasagar in MAC Case No.34/2012 whereby an amount of Rs.6,75,000/- was awarded alongwith interest.

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After hearing the learned counsel for the Appellant, this Court stays the impugned judgment and award dated 19.12.2018 subject to deposit of 50% of the said amount alongwith interest within 6 (weeks) before the Registry of this Court.

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The claimant shall be entitled to withdraw the same by filing appropriate application before the Registry of this Court.

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With above observations and directions, the instant Interlocutory Application stands disposed of.

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JUDGE

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M/S New India Assurance Co. Ltd. v. Smti. Prathiva Phukan and 2 Ors.

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M/S New India Assurance Co. Ltd. v. Smti. Prathiva Phukan and 2 Ors.

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