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2025 DAILYLAW 12419 (GAU)

UNITED INDIA INSURANCE CO. LTD. v. BAPON DAS AND 2 ORS

I.A.(Civil)/1682/2025 · 2025-05-29

Devashis Baruah

body2025

Judgment text

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Page No.# 1/4 GAHC010102132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1682/2025 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR POST OFFICE GUWAHATI KAMRUP(M) PIN 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS BAPON DAS AND 2 ORS S/O NIKHIL DAS R/O KARMAKARPARA P.S. KRISHNAI P.O. KRISHNAI DIST. GOALPARA ASSAM PIN 783101 2:MR. CHOTALAL SAH S/O KRISHNA SAH R/O VILL. RONGRAM BAZAR P.O. RONGRAM BAZAR P.S. WILLIAM NAGAR DIST. WEST GARO HILLS MEGHALAYA PIN CODE 794111 3:SANJIT BORO Page No.# 2/4 S/O PRADIP BORO R/O VILL. DILINGA SONAPUR P.S. BOKO P.O. SINGRA DIST. KAMRUP(R) ASSAM PIN 781123 ------------ In MACApp./222/2025 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR P.O., GUWAHATI, KAMRUP (M), PIN 781005 REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS BAPON DAS AND 2 ORS S/O NIKHIL DAS, R/O KARMAKARPARA, P.S. KRISHNAI, P.O. KRISHNAI, DIST. GOALPARA, ASSAM, PIN CODE 78101 2:MR. CHOTALAL SAH S/O KRISHNA SAH R/O VILL. RONGRAM BAZAR P.O. RONGRAM BAZAR P.S. WILLIAM NAGAR DIST. WEST GARO HILLS MEGHALAYA PIN CODE 794111 3:SANJIT BORO S/O PRADIP BORO R/O VILL. DILINGA SONAPUR P.S. BOKO P.O. SINGRA DIST. KAMRUP(R) ASSAM PIN 78112 Page No.# 3/4 Advocate for the applicant(s): Mr. T Kalita Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 30.05.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the impugned judgment and award dated 21.02.2025 passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC Case No.29/2021. 2. Taking into account the grounds of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 21.02.2025 passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC Case No.29/2021 till the disposal of the accompanying appeal subject to deposit of 50% of the awarded amount along with the applicable interest from the date of filing of the claim application before the Registry of this Court within 6 (six) weeks from the date of the instant order. 3. 3. On such deposit being made, the claimants shall be at liberty to file appropriate application before the Registry of this Court for release of the said amount and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants. Page No.# 4/4 4. In the circumstance, the Appellant/Applicant succeeds in the accompanying appeal, this Court would pass appropriate directions for recovery to be made by the Appellant from the owner. 5. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant