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2025 DAILYLAW 16970 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. BINU BARMAN AND 3 ORS.

I.A.(Civil)/2788/2025 · 2025-08-26

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/4 GAHC010170082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./393/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGD. OFFICE AT 87, M.G. ROAD, FORT, MUMBAI-400001 AND ONE OF THE NORTH ESTERN REGION OFFICE AT LACHIT NAGAR, G.S. ROAD, GUWAHATI-07, ASSAM. VERSUS BINU BARMAN AND 3 ORS. W/O. LT. GOBINDA BARMAN (NOTHER OF THE DECEASED) 2:HIMANGSHU BARMAN S/O. LT. GOBINDA BARMAN (BROTHER OF THE DECEASED) ALL ARE PERMANENT R/O. MOLOYNAGAR DAKHIN JALUKBARI P/S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781013. 3:RAJESH MAHATO S/O. RAMASHISH MAHATO R/O. BEHARBARI GUWAHATI P/O. AND P/S. BASISTHA DIST. KAMRUP (M) ASSAM PIN-781029. 4:MANIK CH. SARKAR S/O. SRI SUSAR CH. SARKAR R/O. MANDIA NANNARDLINE Page No.# 2/4 P/S. MANDIA DIST. BARPETA ASSAM PIN-781308 Advocate for the Petitioner : A BIYANI, MR. R K BHATRA,S CHOUDHURY Advocate for the Respondent : MR. S RAHMAN, FOR CAVEATOR,MR A N IQBAL Linked Case : I.A.(Civil)/2788/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGD. OFFICE AT 87 M.G. ROAD FORT MUMBAI-400001 AND ONE OF THE NORTH ESTERN REGION OFFICE AT LACHIT NAGAR G.S. ROAD GUWAHATI-07 ASSAM. VERSUS BINU BARMAN AND 3 ORS. W/O. LT. GOBINDA BARMAN (NOTHER OF THE DECEASED) 2:HIMANGSHU BARMAN S/O. LT. GOBINDA BARMAN (BROTHER OF THE DECEASED) ALL ARE PERMANENT R/O. MOLOYNAGAR DAKHIN JALUKBARI P/S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781013. 3:RAJESH MAHATO S/O. RAMASHISH MAHATO R/O. BEHARBARI GUWAHATI P/O. AND P/S. BASISTHA DIST. KAMRUP (M) ASSAM Page No.# 3/4 PIN-781029. 4:MANIK CH. SARKAR S/O. SRI SUSAR CH. SARKAR R/O. MANDIA NANNARDLINE P/S. MANDIA DIST. BARPETA ASSAM PIN-781308. ------------ Advocate for : A BIYANI Advocate for : MR. S RAHMAN appearing for BINU BARMAN AND 3 ORS. BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.08.2025 Learned counsel Mr. R. K. Bhatra is present on behalf of the appellant/applicant who is aggrieved by the judgment and award dated 04.06.2025 passed by the learned Member, MACT, Kamrup (M) in connection with MAC Case No. 1920/2020, awarding compensation of Rs. 48,47,500/- to the respondents who are also related to the deceased being mother and brother of the deceased. The insurer/applicant is aggrieved by the judgment and award as the family members of the deceased are receiving family pension as the deceased was a State Government employee. Heard learned counsel Mr. A. N. Iqbal for the respondent Nos. 1 and 2. The applicant has prayed for stay of the operation of the impugned judgment and award dated 04.06.2025 in connection with MAC Case No. 1920/2020. I have considered the submissions at the Bar with circumspection. Thereby, I deem it appropriate to pass an order of stay of operation of the impugned judgment and award dated 04.06.2025 in connection with MAC Case Page No.# 4/4 No. 1920/2020which is hereby stayed until further orders subject to the condition that the applicant deposits 20% of the awarded amount before the Registry of this Court within 6 (six) weeks from the date of this order. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant