UNITED INDIA INSURANCE COMPANY LIMITED v. ANITA RANI SAHA AND 3 OTHERS
I.A.(Civil)/1678/2025 · 2025-05-29
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12455 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12455 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010102162025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1678/2025 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI-6000014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR POST OFFICE GUWAHATI KAMRUP (M) PIN-781005 REP BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS ANITA RANI SAHA AND 3 OTHERS W/O. BISHWAJIT SAHA 2:BISHWAJIT SAHA S/O. LT. ANHAY CHANDRA SAHA BOTH ARE THE RESIDENT OF VILLAGE JOTINAGAR P/S. KRISHNAI P/O. KRISHNAI DIST. GOALPARA ASSAM PIN-783101. 3:CHOTALAL SAH S/O. KRISHNA SAHA R/O. VILL.- RONGRAM BAZAR P/O. RONGRAM BAZAR P/S. WILLIAM NAGAR DIST. WEST GARO HILLS MEGHALAYA PIN-794111. Page No.# 2/4 4:SANJIT BORO S/O. PRADIP BORO R/O. VILL.- DILINGA SONAPUR P/S. BOKO P/O. SINGRA DIST. KAMRUP (R) ASSAM PIN-781123. ------------ In MACApp./220/2025 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI-6000014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP (M), PIN-781005 REP BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS ANITA RANI SAHA AND 3 ORS. W/O. BISHWAJIT SAHA 2:BISHWAJIT SAHA S/O. LT. ANHAY CHANDRA SAHA BOTH ARE THE RESIDENT OF VILLAGE JOTINAGAR P/S. KRISHNAI P/O. KRISHNAI DIST. GOALPARA ASSAM PIN-783101. 3:CHOTALAL SAH S/O. KRISHNA SAHA R/O. VILL.- RONGRAM BAZAR P/O. RONGRAM BAZAR P/S. WILLIAM NAGAR DIST. WEST GARO HILLS MEGHALAYA PIN-794111. 4:SANJIT BORO S/O. PRADIP BORO
Page No.# 3/4 R/O. VILL.- DILINGA SONAPUR P/S. BOKO P/O. SINGRA DIST. KAMRUP (R) ASSAM PIN-781123 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 15.02.2025 passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC Case No.34/2021. 2.
Taking into account the grounds of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 15.02.2025 passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC Case No.34/2021 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. Page No.# 4/4
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. 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