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2022 DAILYLAW 1593 (GAU)

THE RELIANCE GENERAL INSURANCE CO. LTD v. ARUNA DAS @ BONIA AND 5 ORS.

I.A.(Civil)/553/2022 · 2026-06-09

Yarenjungla Longkumer

body2022

Judgment text

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Page No.# 1/4 GAHC010023042022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/553/2022 THE RELIANCE GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RECTIFIER HOUSE 570 NIGAM CROSS ROAD RD WADALA MUMBAI- 400031 AND ITS BRANCH OFFICE AT PRAG PLAZA 6TH FLOOR BHANGAGARH NEAR THE HUB GUWAHATI-781005 VERSUS ARUNA DAS @ BONIA AND 5 ORS. W/O- LATE MOINA BANIA @ MAINA DAS R/O VILL- RANDHANIJAN GAON PS- PULIBOR DIST- JORHAT ASSAM PIN-785006 2:JITEN BANIA S/O- LATE MOINA BANIA @ MAINA BANIA R/O VILL- RANDHANIJAN GAON PS- PULIBOR DIST- JORHAT ASSAM PIN-785006 3:SEWALEE DAS D/O- LATE MOINA BANIA @ MAINA BANIA R/O VILL- RANDHANIJAN GAON Page No.# 2/4 PS- PULIBOR DIST- JORHAT ASSAM PIN-785006 4:JUNALI DAS D/O- LATE MOINA BANIA @ MAINA BANIA R/O VILL- RANDHANIJAN GAON PS- PULIBOR DIST- JORHAT ASSAM PIN-785006 RESPONDENTS NO. 2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1 5:PONA DEKA S/O- SRI BHUPENDRA NATH DEKA R/O H/N- 12 BYE LANE- 2 BAIKUNTHAPUR BAMUNIMAIDAM GEETANAGAR HIGH SCHOOL GUWAHATI DIST- KAMRUP ASSAM PIN- 781037 (OWNER OF THE VEHICLE NO- 01-HC-7678 (CARRIER GOODS) 6:RAJIB NEOG S/O- SRI PETUA NEOG R/O VILL- CHENGALIATI GAON PS- PULIBOR DIST- JORHAT ASSAM PIN- 785006. (DRIVER OF THE VEHICLE NO. AS-01-HC-7678(CARRIER GOODS) ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for ARUNA DAS @ BONIA AND 5 ORS. Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10/06/2026 The instant application praying for suspension/stay of the impugned Judgment and Award dated 02.09.2021 passed in MAC Case No.1671/17 has been preferred by the appellant/insurer. 2. Heard Mr. R. Goswami, learned counsel for the appellant. 3. It is the submission of the learned counsel that the applicant has filed an appeal against the impugned Judgment and Award dated 02.09.2021 and the said MAC Appeal has been admitted accordingly, it is submitted that the appellant has taken good grounds for appeal which are likely to suceeded and therefore if the impugned Judgment and Award is not suspended, the applicant shall suffer irreparable loss of injury. Accordingly, it is prayed that the impugned Judgment and Award is suspended during the pendency of the connected MAC Appeal. 4. The Court has considered the pleadings and the submissions of the learned counsel and accordingly, the impugned Judgment and Award dated 02.09.2021 in MAC Case No. 1671/17 shall remain suspended during the pendency of the MAC Apeal 108/2022 subject to the condition that the appellant shall deposit 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from today. Page No.# 4/4 JUDGE Comparing Assistant