CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD v. SAPAM SWAPNA DEVI @ SWAPNA DEVI AND 6 ORS A
I.A.(Civil)/3927/2024 · 2025-01-02
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15511 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15511 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010134542024
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3927/2024 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPPOSITE TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI. VERSUS SAPAM SWAPNA DEVI @ SWAPNA DEVI AND 6 ORS A W/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @ SAPAM NABAKISHORE SINGH VILL.- MADHURAMUKH GHAT P.O.- DUDHPATIL PART VI P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788002. 2:SAPAM SYAMANANDA SINGHA S/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @ SAPAM NABAKISHORE SINGH
VILL.- MADHURAMUKH GHAT P.O.- DUDHPATIL PART VI P.S.- SILCHAR DIST.- CACHAR
Page No.# 2/4 ASSAM PIN- 788002. 3:SAPAM SATYABHAMA DEVI D/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @ SAPAM NABAKISHORE SINGH
VILL.- MADHURAMUKH GHAT P.O.- DUDHPATIL PART VI P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788002. 4:RAJIB DHAR S/O LT. JYOTIRMOY DHAR
R/O LANE NO. 17 VIVEKANAND ROAD P.O.- VEVEKANAND ROAD P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788007. 5:SANJAY BAHETY S/O JAHARIAL BAHETY
R/O J.P. AGARWAL ROAD
B/L- 2 NEAR MANASHA MANDIR BHARALUMUKH P.O. AND P.S.- BHARALUMUKH GUWAHATI DIST.- KAMRUP (M) ASSAM PIN- 781009. 6:NANI GOPAL DAS S/O GIRENDRA CHANDRA DAS
R/O CHENGKURI ROAD P.O. AND P.S.- SILCHAR DIST.- CACHAR (ASSAM) PIN- 788004. 7:THE ORIENTAL INSURANCE CO LTD
Page No.# 3/4 REP. BY THE DIVISIONAL MANAGER THE ORINTAL INSURANCE CO LTD TOWN CLUB BUILDING P.W.D. ROAD P.O. AND P.S.- SILCHAR DIST.- CACHAR (ASSAM). ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for SAPAM SWAPNA DEVI @ SWAPNA DEVI AND 6 ORS A
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.01.2025
Heard Ms. P. Borthakur, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for the respondent Nos. 1, 2 and 3. 2. This interlocutory application, under Order 41 Rule 5 of the CPC, is preferred for staying operation of the judgment and award dated 19.02.2024, passed in MAC Case No. 372/2018, passed by the learned Member, Motor Accident Claims Tribunal (MACT), Cachar. 3. It is to be noted here that vide impugned judgment and award dated 19.02.2024, the learned Member, MACT, Cachar has directed the applicant herein to pay a sum of Rs. 21,64,607/- as compensation to the respondent Nos.
1, 2 and 3, along with interest @ 9% per annum w.e.f. the date of filing of the claim petition till the date of full payment. 4. It appears that the connected appeal has been admitted and the record has already been called for from the learned Tribunal. It also appears that pursuant to the order dated 31.07.2024, passed in I.A.(Civil) No. 2233/2024, the applicant has deposited the awarded amount before the Registry of this Court. Page No.# 4/4
5. In view of the above, this interlocutory application stands allowed and accordingly, the operation of the impugned judgment and award dated 19.02.2024, stands stayed. JUDGE Comparing Assistant