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2024 DAILYLAW 2227 (GAU)

M/S BAJAJ ALLIANZ GENERAL INSURANCE CO v. REKHA MEDHI AND 5 ORS

I.A.(Civil)/3532/2024 · 2026-06-09

Robin Phukan

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010206812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3532/2024 M/S BAJAJ ALLIANZ GENERAL INSURANCE CO HAVING ITS REGISTERED OFFICE AT GE PLAZA AIRPORT ROAD YERWADA PUNE-411006 AND A BRANCH OFFICE AT G. S. ROAD GANESHGURI GUWAHATI. VERSUS REKHA MEDHI AND 5 ORS W/O. LATE HIMANGSHU MEDHI R/O. VILL. BALAPARA P/S. SARTHEBARI PIN-781307 ASSAM. 2:MANOMATI MEDHI W/O. LATE LOHIT CHANDRA MEDHI R/O. VILL. BALAPARA P/S. SARTHEBARI PIN-781307 DIST. BARPETA ASSAM. 3:PRIYANKA MEDHI D/O. LATE HIMANGSHU MEDHI R/O. VILL. BALAPARA P/S. SARTHEBARI PIN-781307 DIST. BARPETA ASSAM. Page No.# 2/3 4:MANTU KUMAR DAS S/O. SURYA KR. DAS VILL. NO.1 GOLIAHATI P/S. BARPETA PIN-781352 DIST. BARPETA ASSAM. 5:KAMAL KAKATI S/O. DHARANIDHAR KAKATI C/O. MRIDUL DAS VILL. KOCHPARA PALASHBARI KAMRUP (M) ASSAM PIN-781122. 6:LOHIT CH. MEDHI S/O. LATE NABIN MEDHI VILL. BALAPARA PIN-781307 P/S. SARTHEBARI DIST. BARPETA ASSAM. ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for REKHA MEDHI AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 10.06.2026 Heard Mr. K.K. Bhatta, learned counsel for the applicant. Also heard Ms. R.D. Mozumdar, learned counsel for the opposite party Nos. 1, 2 and 3. This application is preferred by the applicant for staying operation of the judgment and award dated 06.07.2024, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta, in MAC Case No. 251/2021. Mr. Bhatta, learned counsel for the applicant submits that the connected Page No.# 3/3 appeal has already been admitted and the records have also been received and as such, there is a requirement of staying operation of the impugned judgment and award dated 06.07.2024. Ms. Mozumdar, learned counsel for the opposite party Nos. 1, 2 and 3 submits that the impugned judgment and award dated 06.07.2024, may be stayed subject to depositing of 50% of the awarded amount before the Registry of this Court. Ms. Mozumdar also submits that the opposite party No. 3 is a minor and as such, she will be represented by the opposite party No. 1. The submissions of learned counsel for both the parties have received due consideration of this Court and taking note of the same, and also considering the facts and circumstances on the record, it is provided that the impugned judgment and award dated 06.07.2024, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta, in MAC Case No. 251/2021, stands stayed till disposal of the connected appeal subject, however, to depositing of 50% of the awarded amount before the Registry of this Court within four weeks from today. On such deposit being made, the opposite party Nos. 1 and 2 will be at liberty to withdraw the same subject to furnishing a bond. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant