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2025 DAILYLAW 13935 (GAU)

NEW INDIA ASSURANCE COMPANY LIMITED v. SMTI KRISHNA BORAH AND 3 ORS

I.A.(Civil)/1863/2025 · 2025-06-10

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010112852023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1863/2025 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 GAUHATI REGIONAL OFFICE LACHITNAGAR GUWAHATI-781007 VERSUS SMTI KRISHNA BORAH AND 3 ORS W/O LATE BIJOY BORAH R/O NO. 1 LAZUM THERMAL ROAD P.O. AND P.S.- MARGHERITA DIST- TINSUKIA ASSAM PIN-786181 2:SUSHIL KALITA S/O LATE DHARMESWAR KALITA R/O ST. JAMES SCHOOL MARGHERITA P.O. AND P.S.- MARGHERITA DIST- TINSUKIA ASSAM PIN-786181 3:SUREN CHAW S/O SRI CHAHARAI CHAW R/O SUKHANPUKHURI Page No.# 2/3 TINGRAI P.O.- TINGRAI P.S.- DIGBOI DIST- TINSUKIA ASSAM PIN-786171 4:AGNU SAUTAL S/O SRI CHURU SAUTAL R/O TINGRAI NO. 2 P.O.- TINGRAI P.S.- DIGBOI DIST- TINSUKIA ASSAM PIN-786171 ------------ Advocate for : MS R D MAZUMDAR Advocate for : appearing for SMTI KRISHNA BORAH AND 3 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 11.06.2025 Heard Mr. S.P. Sharma, learned counsel for the applicant. Also heard Mr. A. Boro, learned counsel for the respondent No. 3. 2. This interlocutory application is preferred by the applicant for staying operation of the judgment and award dated 06.01.2022, passed by the learned Addl. Member-1, Motor Accident Claims Tribunal, Margherita, in MACT Case No. 25/2014. 3. It is to be noted here that vide impugned judgment and award dated 06.01.2022, the learned Tribunal had directed the applicant herein to pay a sum of Rs. 17,48,248/- to the respondent No. 1 herein with interest @ 9% per annum from the date of filing of the claim petition till realisation. 4. It appears that the connected appeal has already been admitted and the Page No.# 3/3 record has also been called for from the learned Tribunal. 5. Accordingly, this interlocutory application is allowed and the operation of the impugned judgment and award dated 06.01.2022 stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of three weeks from today. 6. In terms of above, this application stands disposed of. JUDGE Comparing Assistant