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2025 DAILYLAW 10519 (GAU)

NATIONAL INSURANCE COMPANY LTD. v. KIRAMONI PHUKAN AND 5 ORS

I.A.(Civil)/1239/2025 · 2025-04-22

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010074302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/1239/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 5 VERSUS KIRAMONI PHUKAN AND 5 ORS W/O LATE PRAFULLA PHUKAN VILL. HANDIQUE MILAN P.S. SIMEN CHAPORI PIN 787061 DIST. DHEMAJI ASSAM. 2:SMTI LUNA PHUKAN D/O LATE ETUL PHUKAN VILL. HANDIQUE MILAN P.S. SIMEN CHAPORI PIN 787061 DIST. DHEMAJI ASSAM. 3:SMTI DEVI PHUKAN D/O LATE ETUL PHUKAN VILL. HANDIQUE MILAN P.S. SIMEN CHAPORI PIN 787061 DIST. DHEMAJI (ASSAM) Page No.# 2/3 4:SMT. RUPAWATI KUMBANG D/O DEBEN PEGU R/O VILL. DAMBUK BHULUKAGURI P.S. SILAPATHAR PIN 787059 DIST. DHEMAJI ASSAM. 5:LAMBIT GOGOI S/O NANDI GOGOI R/O DHIKHARI KINAR SWARAGOFALA P.S. MORAN PIN 785675 DIST. DIBRUGARH ASSAM. For the applicant (s) : Mr. K. K. Bhatta, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 23.04.2025 Heard Mr. K. K. Bhatta, the learned counsel appearing on behalf of the applicant. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 seeking stay of the impugned judgment and award dated 05.02.2025 passed in MAC Case No.06/2022 by the learned Member, Motor Accident Claims Tribunal, Dhemaji Page No.# 3/3 3. This Court has already admitted the accompany Appeal and is of the opinion that the impugned judgment and award is required to be stayed however subject to payment of Rs.11,37,500/- along with interest @ 6% from the date of filing of the claim petition be deposited before the Registry of this Court within 6 (six) weeks from today. 4. This Court grants liberty to the claimants to file application(s) before the Registry of this Court and upon such application(s) being filed, the Registry after making due identification, proper verification and upon furnishing of the bank details shall release the said amount to the bank account(s) of the claimants . 5. It is observed that in the circumstances, it is adjudged in the present Appeal that there was violation to the terms of the insurance policy, this Court would pass appropriate order for recovery of the said amount by the Applicant Insurance Company from the owner of the vehicle. 6. In view of the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant