Allowed

National Insurance Comapany Limited v. Subhash Rabha and 3 Ors.

Gauhati HC6 Aug 2024I.A.(Civil)/1498/2023

Case brief

AI extract

What is this about?

Insurer sought stay of a Motor Accident Claims Tribunal award under Order XLI Rule 5 CPC pending appeal. The High Court granted the stay conditional on deposit of 50% of the awarded amount within one month.

What did the court decide?

Stay of operation of the impugned award granted subject to deposit of 50% of awarded amount within one month; application disposed of accordingly.

National Insurance Comapany Limited Vs Subhash… — Execution and Attachment | Gauhati HC (2024)

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GAHC010101782023

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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)/2775/2024

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NATIONAL INSURANCE COMAPANY LTD.

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HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD

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GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE.

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VERSUS

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SUBHASH RABHA AND 3 ORS. H S/O KHIROD RABHA VILL.- GHANGAMARI-CHUHURI P.S.- GOALPARA DIST.- GOALPARA ASSAM PIN- 783101.

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2:MD. SABED SHEIKH

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S/O MD. SK. R/O SADILPUR JALUKBARI HOUSE NO.65 NEAR DARUL ULUM MADRASSA GUWAHATI KAMRUP (M) ASSAM PIN- 781122.

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3:MAINUDDIN SK. S/O SHAHALOM ALI

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VILL.- DHIGHOLIBORI TIPLAI

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Page No.# 2/5

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P.S.- RANJULI

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DIST.- GOALPARA ASSAM PIN- 783134.

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4:THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED 5TH FLOOR PRAG PLAZA G.S. ROAD BHANGAGARH GUWAHATI DIST.- KAMRUP (M) ASSAM PIN- 781005. -----------Advocate for : MR T KALITA Advocate for : appearing for SUBHASH RABHA AND 3 ORS. H

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MACApp./468/2024

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NATIONAL INSURANCE COMAPANY LTD.

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HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE.

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VERSUS

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SUBHASH RABHA AND 3 ORS. H S/O KHIROD RABHA, VILL.- GHANGAMARI-CHUHURI, P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783101.

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2:MD. SABED SHEIKH S/O MD. SK. R/O SADILPUR JALUKBARI HOUSE NO.65 NEAR DARUL ULUM MADRASSA GUWAHATI KAMRUP (M) ASSAM PIN- 781122. 3:MAINUDDIN SK. S/O SHAHALOM ALI

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Page No.# 3/5

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VILL.- DHIGHOLIBORI TIPLAI P.S.- RANJULI DIST.- GOALPARA ASSAM PIN- 783134. 4:THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED 5TH FLOOR PRAG PLAZA G.S. ROAD BHANGAGARH GUWAHATI DIST.- KAMRUP (M) ASSAM PIN- 781005

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Advocate for the Petitioner : MR T KALITA, MR. A KAKATI

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Advocate for the Respondent : ,

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Linked Case : I.A.(Civil)/1498/2023

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NATIONAL INSURANCE COMAPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE.

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VERSUS

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SUBHASH RABHA AND 3 ORS. S/O KHIROD RABHA

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VILL.- GHANGAMARI-CHUHURI

P.S.- GOALPARA

DIST.- GOALPARA

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ASSAM PIN- 783101. 2:MD. SABED SHEIKH S/O MD. SK. R/O SADILPUR JALUKBARI HOUSE NO.65 NEAR DARUL ULUM MADRASSA GUWAHATI KAMRUP (M) ASSAM PIN- 781122. 3:MAINUDDIN SK. S/O SHAHALOM ALI VILL.- DHIGHOLIBORI TIPLAI P.S.- RANJULI DIST.- GOALPARA ASSAM PIN- 783134. 4:THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED 5TH FLOOR PRAG PLAZA G.S. ROAD BHANGAGARH GUWAHATI DIST.- KAMRUP (M) ASSAM PIN- 781005. -----------Advocate for : MR T KALITA Advocate for : appearing for SUBHASH RABHA AND 3 ORS.

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B E F O R E

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HON’BLE MRS. JUSTICE MARLI VANKUNG

ORDER

12.02.2025

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Heard Mr. T. Kalita, learned counsel for the applicant, who has filed the instant application under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned Judgment & Order dated 14.10.2024 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 299/2016.

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The prayer for stay of the operation is allowed subject to the deposit of 50% of the awarded amount within 1 (one) month from the date of this order.

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Accordingly, I.A.(Civil) No. 2775/2024 stands allowed and disposed of as above.

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JUDGE

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Comparing Assistant

National Insurance Comapany Limited v. Subhash Rabha and 3 Ors.

Case brief

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National Insurance Comapany Limited v. Subhash Rabha and 3 Ors.

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