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2025 DAILYLAW 18030 (GAU)

HDFC ERGO GENERAL INSURANCE CO. LTD. v. PARASHMONI GOGOI BORAH AND 3 ORS

I.A.(Civil)/3031/2025 · 2025-09-14

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/4 GAHC010187112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3031/2025 in MACApp./425/2025 HDFC ERGO GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE H.T. PAREKH MARG 169 BACKBAY RECLAMATION MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING 6TH FLOOR LACHIT NAGAR G.S. ROAD GUWAHATI ASSAM 781007 VERSUS PARASHMONI GOGOI BORAH AND 3 ORS W/O LATE KHIRESWAR BORAH 2:MISS PREYASHI BORAH D/O LATE KHIRESWAR BORAH BOTH ARE R/O VILL. BARUAH GAON P.O. BARUAH GAON P.S. GHILADHARI DIST. GOLAGHAT ASSAM PIN 785603 PRESENT ADDRESS. C/O SRI SATYENDRA DEKA M.T. ROAD MATHGHARIA Page No.# 2/4 BAIKUNTHA NAGAR P.O. AND P.S. NOONMATI DIST. KAMRUP (M) ASSAM PIN 781020 3:BIKASH HAZARIKA S/O LATE DIMBESWAR HAZARIKA R/O VILL. GOTANGA P.O. SHANTIPUR P.S. GAURISAGAR DIST. SIVASAGAR ASSAM PIN 785667 4:ATUL HAZARIKA S/O LATE DIMBESWAR HAZARIKA R/O 1ST APBN COLONY LIGIRIPUKHURI P.O. LIGIRIPUKHURI P.S NAZIRA DIST. SIVASAGAR ASSAM PIN 785685 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. R Deka appearing for PARASHMONI GOGOI BORAH AND 3 ORS Page No.# 3/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-09-2025 Heard Mr. R. Goswami, learned counsel for the appellant/applicant and Mr. S. I. Akand, learned counsel for the claimant/respondent Nos. 1 and 2. 2. This is an application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 22.05.2025 passed by the learned Member, MACT, No.3, Kamrup (M) in MAC Case No. 1275/2020. 3. It is submitted by Mr. Goswami, learned counsel that the deceased was a Government employee and his family members is getting the necessary relief as per the Government Notification and hence, they have challenged the quantum of the award passed by the learned Member, MACT, No.3, Kamrup (M) in MAC Case No. 1275/2020. 4. It is further submitted by Mr. Goswami, learned counsel for the applicant that they are ready to pay 20% of the awarded amount to the claimant/respondent Nos. 1 and 2. 5. In view of the above, the execution of the impugned judgment and award dated 22.05.2025 passed by the learned Member, MACT, No.3, Kamrup (M) in MAC Case No. 1275/2020 shall remain suspended till disposal of the connected appeal, subject to payment of 20% of the awarded amount to the claimant/respondent Nos. 1 and 2 within a period of 6 (six) weeks from today before Registry of this Court. 6. On depositing the aforesaid 20% of the awarded amount before the Page No.# 4/4 Registry by the applicant/appellant, the same shall be disbursed to the claimant/respondent Nos. 1 and 2, after proper identification and due verification. 7. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant