NEW INDIA ASSURANCE CO. LTD. v. RAJU DEKA BARUAH AND 3 ORS.
I.A.(Civil)/3128/2025 · 2025-09-21
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19219 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19219 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010206672025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3128/2025 in MACApp./441/2025 NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR GUWAHATI- 781005 NEAR HANUMAN MANDIR. VERSUS RAJU DEKA BARUAH AND 3 ORS.
FATHER OF DIPU DEKA BARUAH
RESIDENT OF -VILL-NAHARANI GAON P.S-KHOWANG PIN- 785675 DISTRICT - DIBRUGARH (ASSAM) 2:PABRITRA DEKA BARUAH S/O- SRI RAJU DEKA BARUAH RESIDENT OF -VILL-NAHARANI GAON P.S-KHOWANG PIN- 785675 DISTRICT - DIBRUGARH (ASSAM) 3:DHIREN CH HANDIQUE S/O- LT. GONDHESWAR HANDIQUE RESIDENT OF VILL- TILOI BARI BONGALI GAON P.O- TILOI NAGAR PIN NO- 785675
Page No.# 2/3 DISTRICT - DIBRUGARH ASSAM. /OWNER OF THE VEHICLE NO-AS-06/AC-1441 4:RUBUL DIHINGIA S/O SRI A. DIHINGIA RESIDENT OF -VILL-PHUKAN NAGAR P.S- SIVSAGAR PIN NO-785640 DISTRICT-SIVSAGAR ASSAM ------------ Advocate for : P GOSWAMI Advocate for : appearing for RAJU DEKA BARUAH AND 3 ORS.
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 22-09-2025 Heard Mr. K. K. Bhatta, learned counsel for the appellant/applicant.
2. This is an application filed by the appellant/applicant for stay for the
judgment and award dated 06.06.2025, passed by the learned Member, MACT No.1, Kamrup (M) in MAC Case No. 2048/2019 directing the appellant/insurance company to pay a sum of Rs.11,77,583/- with interest @ 6% per annum from the date of filing of the claim petition.
3. It is submitted by Ms. Mozumdar, learned counsel for the applicant that they are ready to deposit and amount of Rs.5,00,000/- out of the total awarded amount before the Registry of this Court.
4. In view of the above, the execution of the impugned judgment and award dated 06.06.2025, passed by the learned Member, MACT No.1, Kamrup (M) in MAC Case No. 2048/2019 shall remain suspended till disposal of the connected appeal, subject to depositing of Rs.5,00,000/- out of the awarded amount within
Page No.# 3/3 a period of 6 (six) weeks from today before Registry of this Court.
5. On depositing the aforesaid amount of Rs.5,00,000/- out of the awarded amount before the Registry by the applicant/appellant, the same shall not be disbursed to the claimants/respondents until further order.
6. With the above observation and direction, this interlocutory application stands disposed of.
JUDGE Comparing Assistant