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2025 DAILYLAW 12807 (GAU)

NEW INDIA ASSURANCE COMPANY LIMITED v. SMTI MIRA KACHARI AND ORS

I.A.(Civil)/1632/2025 · 2025-06-17

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010107852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1632/2025 NEW INDIA ASSURANCE COMPANY LIMITED (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, STARCITY COMPLEX, G. S. ROAD, LACHITNAGAR, GUWAHATI- 781007 REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, LACHITNAGAR, GUWAHATI- 781007. VERSUS SMTI MIRA KACHARI AND ORS W/O DIPAK KACHARI, VILL.- ROWDUAR POTHAR GAON, P.O.- NUMALIGARH, P.S.- BOKAKHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785615. (REP. BY HER HUSBAND DIPAK KACHARI). 2:RAJA KALITA S/O RAMEN KALITA VILL.- HALMIRA DHANIRIPAR GAON P.O. AND P.S.- GOLAGHAT DIST.- GOLAGHAT ASSAM PIN- 785702. 3:SURENDRA KAMP S/O ANIL KAMP R/O BOKAKHAT TOWN P.O. AND P.S.- BOKAKHAT DIST.- GOLAGHAT ASSAM PIN- 785612. Page No.# 2/3 4:THE MANAGER UNITED INDIA INSURANCE CO. LTD. GOLAGHAT BRANCH THANA CHARIALI DIST.- GOLAGHAT ASSAM PIN- 785621 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. M DUTTA, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 18.06.2025 Heard Mr. R. D. Mozumder, learned counsel for the applicant and also heard Mr. K. Bhattacharjee, learned counsel appearing on behalf of Mr. M. Dutta, learned counsel for the respondent/opposite party No.1. 2. This interlocutory application is preferred by the applicant for staying operation of the judgment and award dated 08.08.2022, passed by the learned Motor Accident Claims Tribunal, Golaghat, in M.A.C. Case No. 100/2017, till disposal of the M.A.C Appeal. 3. Ms. Mozumder, submits that the applicant herein being appellant has preferred one M.A.C Appeal being M.A.C. Appeal No. 94/2024 and the same has already been admitted by this Court and also the record has been received and there is a requirement for staying the impugned judgment and award till disposal of the M.A.C. appeal. 4. Subject to depositing the 50% of the awarded amount before the Registry Page No.# 3/3 of this Court within 3 (three) weeks, the prayer stands allowed. 5. In terms of above, this I.A. stands closed. JUDGE Comparing Assistant