Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 14273 (GAU)

M/S UNITED INDIA INSURANCE COMPANY LTD. v. MAHENDRA BASUMATARY AND ANR.

I.A.(Civil)/2097/2025 · 2025-07-15

Yarenjungla Longkumer

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010129092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2097/2025 M/S UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE G.S .ROAD GUWAHATI-5 REP BY THE CHIEF REGIONAL MANAGER. VERSUS MAHENDRA BASUMATARY AND ANR. S.O. SRI KHAGEN BASUMATARY VILL.- KHARUAJAN P/S. BARAMA DIST. BAKSA BTAD ASSAM-781346. REP. BY HIS FATHER SRI KHAGEN BASUMATARY 2:DETSUNG BORO S/O. HANARAM BORO VILL.- KHARUAJAN P/S. BARAMA DIST. BAKSA BTAD ASSAM ------------ Advocate for : L DEKA Advocate for : appearing for MAHENDRA BASUMATARY AND ANR. Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 16.07.2025 1. The present Interlocutory Application has been filed for stay of judgment and order dated 17.02.2025 passed by the Ld. Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) at Guwahati in MAC Case No. 2080 of 2021. The appellant is the United India Insurance Company Ltd. represented by Mr. M Dutta, learned counsel for the appellant. 2. Mr. M.K Misra, learned counsel has appeared for the opposite party No. 1. 3. This Interlocutory Application has been preferred by the appellant praying for stay of the operation of the judgment and award dated 17.02.2025 passed by the Ld. Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) at Guwahati in MAC Case No. 2080 of 2021 filed under Section 166 of the M.V Act, 1988. 4. Vide the impugned judgment and award dated 17.02.2025, the Ld. Tribunal had directed the appellant/United India Insurance Company Ltd. to pay a sum of Rs 9,06,166.50/- to respondent No.1/claimant. 5. Mr. M Dutta, learned counsel for the appellant submits that the appellant has preferred the connected MAC Appeal No. 281 of 2025 and the same has already been admitted by this Court and the record has also been called for. 6. Mr. M Dutta, learned counsel for the appellant further submits that the appellant/applicant is ready to deposit 50% of the awarded amount before the Registry of this Court and therefore, has prayed for stay of the judgment and award dated 17.02.2025 passed by the Ld. Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) at Guwahati in MAC Case No. 2080 of 2021. 7. Having considered the submissions of the Mr. M Dutta, learned counsel for the Page No.# 3/3 appellant/applicant and also considering the facts and circumstances of the present case, the Court is inclined to stay the operation of the judgment and award dated 17.02.2025 passed in MAC Case No. 2080 of 2021 filed under Section 166 of the M.V Act, 1988. 8. Accordingly, it is provided that till the disposal of the connected MAC Appeal, the operation of the judgment and award dated 17.02.2025 passed by the Ld. Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) at Guwahati in MAC Case No. 2080 of 2021 shall remain stayed subject to the condition that the appellant should deposit 50% of the awarded amount before the Registry of this Court within 4(four) weeks from today. 9. In terms of the above direction, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant