THE NATIONAL INSURANCE COMPANY v. SMT DIPIKA BORAH
I.A.(Civil)/1785/2025 · 2025-06-10
Devashis Baruah
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13456 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13456 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010098082025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1785/2025 THE NATIONAL INSURANCE COMPANY HAVING ITS REGISTERED OFFICE 3 MIDDLETON STREET KOLKATA 700071 AND REGIONAL OFFICE AT GS ROAD GUWAHATI 5 REP BY THE REGIONAL MANAGER REGIONAL OFFICE GUWAHTAI VERSUS SMT DIPIKA BORAH WO LT CHANDAN BORAH RO DA PARBATIA TEZPUR PS TEZPUR DISTRICT TEZPUR ASSAM 2:MANIRUL AHMED SO JAMA UDDIN RO BATAMARI PS TEZPUR DIST SONITPUR ASSAM 3:MD ALAUDDIN SO NAIMUDDIN RO BATAMARI PS TEZPUR DIST SONITPUR ASSAM For the Applicant(s) : Mr. P. J. Barman, Advocate
For the Respondent(s) : None appears. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.06.2025
This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of the judgment and award dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No.112/2023 (Death). 2. This Court had already admitted the accompanying appeal. 3. This Court having heard the learned counsel appearing on behalf of the appellant Insurance Company and taking into account that the appellant Insurance Company duly admits that the monthly income of the deceased ought to have been Rs.10,127.25p and not Rs.14,900/-, had enquired with the learned counsel for the appellant Insurance Company as to what would be the amount to which the appellant Insurance Company admits the liability. In that regard, the learned counsel duly submitted a calculation sheet which is kept on record and marked with the letter “X”. 4. In terms with the said calculation sheet, the total compensation as per the appellant Insurance Company should have been 20,51,800/. 5. In that view of the matter, the judgment and award dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No.112/2023 (Death) is stayed till the disposal of the instant appeal subject to deposit of Rs.20,51,800/- along with interest @7.5% per annum from the date of filing of the case before the Registry of this Court within 6 (six) weeks from today. Page No.# 3/3
6.
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. 7. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant