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2022 DAILYLAW 1566 (GAU)

UNITED INDIA INSURANCE COMPANY LIMITED v. SRI PADAM CHAND JAIN AND 5 ORS

I.A.(Civil)/3012/2022 · 2026-05-19

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/4 GAHC010259252019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3012/2022 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI-600014 REPRESENTED BY ITS REGIONAL OFFICE G.S. ROAD GUWAHATI-5 VERSUS SRI PADAM CHAND JAIN AND 5 ORS S/O SRI DHARAM CHAND JAIN R/O HOTEL RELAX BUILDING 2ND FLOOR SRCB ROAD FANCY BAZAR GUWAHATI P.S.-PANBAZAR DIST-KAMRUP (M) ASSAM PIN-781001 P/R/A C/O NEHA APARTMENT BLOCK 7B 6TH FLOOR ATHGAON GUWAHATI PIN-781001 2:SMT. VAISHALI JAIN D/O SRI PADAM CHAND JAIN R/O HOTEL RELAX BUILDING 2ND FLOOR SRCB ROAD Page No.# 2/4 FANCY BAZAR GUWAHATI P.S.-PANBAZAR DIST-KAMRUP (M) ASSAM PIN-781001 P/R/A C/O NEHA APARTMENT BLOCK 7B 6TH FLOOR ATHGAON GUWAHATI PIN-781001 3:RISHAB PHUKAN S/O LATE JITEN PHUKAN C/O S. PHUKAN ANUBHAV APARTMENT FLAT NO 006 BELTOLA BASISTHAPUR GUWAHATI DIST-KAMRUP (M) ASSAM PIN-781029 4:RITU GOGOI S/O BISWA GOGOI R/O VILL-GOURISAGAR BUS GAON DIST-SIBSAGAR ASSAM PIN- 5:MRS. RANJITA SARMA W/O MAHESH SHARMA R/O 4TH FLOOR VISHNU MARKET AT ROAD NEAR RAILWAY GATE NO. 5 GUWAHATI DIST-KAMRUP(M) ASSAM PIN-781001 6:M/S BAJAJ ALLIANZ INSURANCE CO. LTD. REGISTERED AND HEAD OFFICE AT GE PLAZA AIRPORT ROAD YERWADA Page No.# 3/4 PUNE PIN-411006 AND HAVING ONE OF ITS GUWAHATI ZONE (B) OFFICE AT- CENTRE POINT 2B 2ND FLOOR NH CENTRE POINT OPPOSITE TO BORA SERVICE STATION G.S. ROAD ULUBARI GUWAHATI-781007 ------------ Advocate for : MR. S S SARMA Advocate for : MR. B K JAIN appearing for SRI PADAM CHAND JAIN AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 20.05.2026 1. Heard Ms. L. Sarma, the learned counsel for the applicant. Also heard Mr. B. K. Jain, the learned counsel for the respondent Nos. 1 and 2/claimant. 2. This Interlocutory Application has been filed by the applicant Insurance Company in connection with MAC Appeal No. 739/2022 praying for stay of execution of award dated 24.04.2019 passed by the MACT No. 3 Kamrup (Metro) in MAC Appeal 673/2016 during the pendency of the connected MAC Appeal. 3. The learned counsel for the applicant Insurance Company has submitted that the applicant is ready to deposit 50% of the awarded amount along with interest before the Registry of this Court as a condition for grant of stay of the execution of the impugned award. Page No.# 4/4 4. The learned counsel for the respondent Nos. 1 and 2/claimant does not object to the said prayer. 5. Hence, notice to other respondents is waived and this Interlocutory Application is allowed. 6. The execution of the impugned judgment and award dated 24.04.2019 passed by the MACT No. 3 Kamrup (Metro) in MAC Appeal 673/2016 shall remain stayed during the pendency of the connected MAC Appeal 739/2022 subject to deposit 50% of the awarded amount along with interest by the applicant-Insurance Company before the Registry of this Court within a period of four weeks from the date of this order. 7. In the event such a deposit is made by the applicant-Insurance Company of this order, the same shall be disbursed by the Registry to respondent Nos. 1 and 2/claimant after proper verification. 8. This Interlocutory application is disposed of. JUDGE Comparing Assistant