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2018 DAILYLAW 1876 (GAU)

UNITED INDIA INSURANCE CO. LTD. v. ASHALATA BISWAS

I.A.(Civil)/149/2018 · 2026-07-29

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/4 GAHC010268972017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : : I.A.(Civil)/149/2018 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD GUWAHATI-5 REPRESENTED BY THE CHIEF REGIONAL MANAGER VERSUS ASHALATA BISWAS VILL. DHAWLIGURI P.O. AND P.S. GOSAIGAON DIST. KOKRAJHAR BTAD ASSAM-786001 2:SABITRI RANI SAHA GOSAIGAON TOWN WARD NO. 2 P.O. AND P.S. GOSAIGAON 786001 DIST. KOKRAJHAR BTAD ASSAM (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-16/0621) ------------ Advocate for : MR. S DUTTA Advocate for : appearing for ASHALATA BISWAS Page No.# 2/4 MACApp./27/2018 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD GUWAHATI-5, REPRESENTED BY THE CHIEF REGIONAL MANAGER VERSUS ON THE DEATH OF ASHALATA BISWAS HER LEGAL HEIRS VILL. DHAWLIGURI, P.O. AND P.S. GOSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM-786001 1.1:MALATI MANDAL D/O LATE ASHALATA BISWAS W/O JAYDEB MANDAL RESIDENT OF VILL. NO. 1 DHAULIGURI PO AND PS GOSSAIGAON DIST KOKRAJHAR ASSAM783360 1.2:RASU MANDAL D/O LATE ASHALATA BISWAS W/O ANANDA MANDAL RESIDENT OF VILLAGE NO. 2 JAYMAGURI PO BHODEAGURI PS GOSSAIGAON DIST KOKRAJHAR ASSAM 783360 1.3:SUMITRA MANDAL D/O LATE ASHALATA BISWAS W/O SANTAS MANDAL RESIDENT OF VILLAGE HATIGARA PS KACHUGAON DIST KOKRAJHAR ASSAM 783360 2:SABITRI RANI SAHA GOSAIGAON TOWN WARD NO. 2 P.O. AND P.S. GOSAIGAON 786001 DIST. KOKRAJHAR BTAD ASSAM (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS- 16/0621 Page No.# 3/4 Advocate for the Petitioner : MR. S DUTTA, MS. N MODI,MR. C SHARMA,MR. SIDHANT DUTTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 30.07.2026 1. Heard Mr. S. Dutta, the learned counsel for the applicant. Also heard Mr. N.I. Khan, learned counsel for the opposite party/claimants. 2. This Interlocutory Application has been filed by the applicant, by the Insurance Company praying in connection with MAC Appeal No. 27/2018 praying for stay of execution of the judgment and award dated 29.06.2017 passed by the Motor Accident Claims Tribunal, Kokrajhar in MAC Case No. 52/2013 during the pendency of the connected MAC Appeal. 3. It is submitted by the learned counsel for the applicant that there is a possibility of the parties reaching an amicable settlement in the connected appeal. Hence, during the pendency of the appeal, the execution of the impugned judgment is stayed. 4. He submits that the Insurance Company is agreeable to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment. 5. The learned counsel for the claimant/opposite party does not oppose the submission. Page No.# 4/4 6. In view of the submissions made by the learned counsel for the parties, this Interlocutory Application is allowed. 7. The execution of the impugned judgment and award dated 29.06.2017 passed in MAC Case No. 52/2013 by the Motor Accident Claims Tribunal, Kokrajhar is, hereby stayed till during the pendency of the connected MAC Appeal No. 27/2018, subject to deposit of 50% of the awarded amount by the Insurance Company applicant before the Registry of this Court within four weeks from the date of this order. 8. In the event of such deposit being made, the Registry shall disburse the same to the daughters of original claimant/opposite parties after proper verification. 9. This Interlocutor Application is, accordingly, disposed of. JUDGE Comparing Assistant