Disposed

New India Assurance Company Ltd. v. Smti. Durga Devi Chetry and 7 Ors.

Gauhati HC4 Mar 2024I.A.(Civil)/2418/2022

Case brief

AI extract

What is this about?

Insurer's application under Order 41 Rule 5 CPC sought stay of a Motor Accidents Claims Tribunal award in a fatal accident case. The appeal having been admitted, the High Court stayed the award's operation on condition that the insurer deposit Rs. 1,32,000 within four weeks.

What did the court decide?

Operation of the MACT award stayed subject to deposit of Rs. 1,32,000 within four weeks; I.A. disposed of.

New India Assurance Company Ltd. Vs Smti. Durga Devi… — Motor Accident Claims | Gauhati HC (2024)

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GAHC010314282019

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

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Case No. : MACApp./497/2022

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NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, G.S. ROAD, GUWAHATI-

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VERSUS

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SMTI. DURGA DEVI CHETRY AND 7 ORS W/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY, R/O VILLAGE LAKHIPATHAR, P.S. DIGBOI, DIST. TINSUKIA, ASSAM, PIN 786171.

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2:SRI RAJEN CHETRY S/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171.

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3:SRI MUKESH CHETRY

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S/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171.

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4:MISS KALPANA CHETRY

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D/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR

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Page No.# 2/5

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P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171. 5:SRI UJJAL BARUAH S/O SRI ANIL BARUAH R/O VILLAGE MOHONG P.O. AND P.S. BORDUMSA DIST. TINSUKIA ASSAM PIN 786160 ASSAM. DRIVER OF THE VEHICLE NO. AS-23-AC-8993. 6:SMTI UMA NATH W/O SRI JOGESWAR NATH@ JAGU NATH R/O PURONI PUKHURI MADHAUPUR VILLAGE P.O. AND P.S. BORDUMSA DIST. TINSUKIA ASSAM PIN 786160 ASSAM. OWNER OF THE VEHICLE NO. AS-23-AC-8993. 7:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. TINSUKIA BRANCH OFFICE KUMHAR PATTY GNB ROAD P.O. TINSUKIA PIN 786125 DISTRICT. TINSUKIA ASSAM. INSURER OF THE VEHICLE NO. AS-23-AC-8993. 8:SRI BHANU SHARMA S/O SRI RAM KR. SHARMA R/O VILL. KHJERAMPANI KHERAMPANI TEA CO. PVT. LTD. P.O. AND P.S. BORDUMSA DIST. CHANGLANG (A.P.) PIN 792056. OWNER OF VEHICLE NO. AS-23-E-7488 HERO HONDA

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Advocate for the Petitioner : MR. R GOSWAMI

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Advocate for the Respondent :

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Linked Case : I.A.(Civil)/2418/2022 NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATIVERSUS SMTI. DURGA DEVI CHETRY AND 7 ORS W/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171. 2:SRI RAJEN CHETRY S/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171. 3:SRI MUKESH CHETRY S/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171. 4:MISS KALPANA CHETRY D/O LATE KISHORE CHETRY @ LT. KISHORE SINGH CHETRY R/O VILLAGE LAKHIPATHAR P.S. DIGBOI DIST. TINSUKIA ASSAM PIN 786171. 5:SRI UJJAL BARUAH

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S/O SRI ANIL BARUAH R/O VILLAGE MOHONG P.O. AND P.S. BORDUMSA DIST. TINSUKIA ASSAM PIN 786160 ASSAM. DRIVER OF THE VEHICLE NO. AS-23-AC-8993. 6:SMTI UMA NATH W/O SRI JOGESWAR NATH@ JAGU NATH R/O PURONI PUKHURI MADHAUPUR VILLAGE P.O. AND P.S. BORDUMSA DIST. TINSUKIA ASSAM PIN 786160 ASSAM. OWNER OF THE VEHICLE NO. AS-23-AC-8993. 7:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. TINSUKIA BRANCH OFFICE KUMHAR PATTY GNB ROAD P.O. TINSUKIA PIN 786125 DISTRICT. TINSUKIA ASSAM. INSURER OF THE VEHICLE NO. AS-23-AC-8993. 8:SRI BHANU SHARMA S/O SRI RAM KR. SHARMA R/O VILL. KHJERAMPANI KHERAMPANI TEA CO. PVT. LTD. P.O. AND P.S. BORDUMSA DIST. CHANGLANG (A.P.) PIN 792056. OWNER OF VEHICLE NO. AS-23-E-7488 HERO HONDA. -----------Advocate for : MR. R GOSWAMI Advocate for : appearing for SMTI. DURGA DEVI CHETRY AND 7 ORS

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BEFORE

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HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : --05.03.2024

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Heard Mr. R. Goswami, learned counsel for the applicant/appellant.

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This is an application under order 41 Rule-V of the Code of Civil, Procedure,

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1908 praying for staying the operation of the impugned judgment and award dated 31.08.2019, passed by the learned Additional Member No. 2 MACT, Tinsukia in MAC Case No. 69/2015.

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Since the connected appeal has already been admitted the operation of the impugned judgment and award dated 31.08.2019, passed by the learned Additional Member No. 2, MACT, Tinsukia in MAC Case No. 69/2015 shall remain stayed on the condition that the applicant/appellant deposit a sum of Rs. 1,32,000/- (Rupees one lakh thirty two thousand) only before the Registry of this Court within 4(four) weeks from today.

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With the above observations, the I.A. stands disposed of.

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JUDGE

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Comparing Assistant

New India Assurance Company Ltd. v. Smti. Durga Devi Chetry and 7 Ors.

Case brief

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New India Assurance Company Ltd. v. Smti. Durga Devi Chetry and 7 Ors.

Case brief

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