Partly allowed

SBI General Insurance Co. Ltd, v. Arti Tamang Barman and Anr.

Gauhati HC16 Aug 2023IA(C)/198/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted a stay on the judgment and award of Rs. 16.35 lakhs decided in favor of the claimant against the applicant insurance company. The award is stayed subject to the deposit of 50% of the amount within four weeks.

What did the court decide?

Stay of judgment and award in respect of the applicant/appellant subject to deposit of 50% of the awarded amount within 4 weeks.

SBI General Insurance Co. Ltd, Vs Arti Tamang Barman… — Motor Accident Claims | Gauhati HC (2023)

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GAHC040011292022

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

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Case No. : IA(C)/198/2022

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SBI General Insurance Co. Ltd

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Age: 0 Occupation : Address:Having its registered office at 15th Floor PS Srijan Corporate Park Plot No. G 2 Block EP and GP Sector V Bidhannagar Kolkata 700091 West Bengal and one of the North East Regional Office at Lakshmi Darshan Building 2nd Floor GS Rd Opposite Bora Service Station Complex Ulubari G.S Road Guwahati. VERSUS Arti Tamang Barman and Anr. Age: 0 Occupation : Address:W/o Late Gangaram Tamang. aged about 40 years permanent resident of Village Mulangao PO and PS Rangapara Sonitpur District Assam 2:David Waii Age: 0 Occupation : Address:S/o Shri Sagam Waii

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Proprietor of M/s Waii Traders Permanent Resident of Village Waii PO Khenewa PS Seppa East Kameng District Arunachal Pradesh. Responden/Owner of the Vehicle No. AR 05 4010

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-----------Advocate for : T Tayeng

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Advocate for : A Lamnio appearing for Arti Tamang Barman and Anr.: Advocate , appearing for 2, respectively.

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BEFORE HONBLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 16.08.2023

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Heard Mr. T. Tayeng, learned counsel for the applicant/appellant.

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Also heard Mr. L. Perme, learned counsel for the respondent no. 1/claimant.

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This is an application, under Order XLI Rule V of the Code of Civil Procedure, 1908, praying for stay of the Judgment and Award, dated 04.06.2022, passed by the learned District Judge cum Member, MACT, Bomdila, West Kameng District, in MACT Case No. 02/2020, whereby, a sum of Rs. 29,21,000/- (Rupees Twenty-nine lakhs twenty one thousand only) along with an interest @ 6% per annum from the date of filing the claim petition till actual realization of the award after deducting the amount paid to the claimant, under Section 140 of the Motor Vehicle Act, 1988 has been awarded to be paid to the claimant jointly by the opposite parties no. 1 & 2, and the amount payable on the part of the applicant/appellant has been determined as Rs. 16,35,000/- (Rupees Sixteen lakhs thirty five thousand

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only).

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Upon hearing the learned counsels appearing for the parties and on perusal of the materials on record, it is hereby directed that the Judgment and Award, dated 04.06.2022 passed in MACT Case No. 02/2020 by learned District Judge cum Member, MACT, Bomdila, West Kameng District shall remain stayed in respect of the applicant/appellant, on deposit of 50% of the awarded amount before the Registry of this Court within a period of 4(four) weeks from today.

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After the aforesaid amount is deposited by the applicant/appellant, the opposite party no. 1/claimant may file an application for withdrawal of the deposited amount, if so advised. If such an application is filed by the opposite party no. 1/claimant, the same shall be considered in accordance with law.

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Interlocutory application stands allowed to the extent indicated above and disposed of.

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JUDGE

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Comparing Assistant

SBI General Insurance Co. Ltd, v. Arti Tamang Barman and Anr.

Case brief

What is this about?

What did the court decide?

SBI General Insurance Co. Ltd, v. Arti Tamang Barman and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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