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2025 DAILYLAW 19810 (GAU)

UNITED INDIA INSURANCE CO. LTD. v. SRI DIGBIJAY MANDAL AND ORS

I.A.(Civil)/3332/2024 · 2025-03-02

Susmita Phukan Khaund

Public Interest Litigationbody2025

Judgment text

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Page No.# 1/3 GAHC010218182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3332/2024 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI. VERSUS SRI DIGBIJAY MANDAL AND ORS S/O. LATE ASHANANDA MANDAL 2:PARBOTI MANDAL W/O. SRI DIGBIJAY MANDAL BOTH ARE RESIDENTS OF- R/O. VILL.- ALISINGA P/O. SILCHANG P/S. LAHARIGHAT DIST. MORIGAON ASSAM PIN-782127. 3:ZEMABAWK FILING STATION M/S. CHANDNAL SEROWGI AND CO. LAKHARA CHARIALI P/S. GORCHUK DIST.-KAMRUP(M) ASSAM PIN-781029. 4:RAMADHAR CHOUHAN S/O. LATE RAJARAM CHOUHAN C/O.K. DAS Page No.# 2/3 H/NO.43 W/NO.-17 NEAR ASSAM PIL BETKUCHI P/S. GARCHUK DIST. KAMRUP(M) ASSAM PIN-781035. ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for SRI DIGBIJAY MANDAL AND ORS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03.03.2025 Heard Ms. P. Borthakur, learned counsel for the applicant/Insurance Company and Mr. A. Baruah, learned counsel for the opposite party Nos. 1 and 2. 2. This application is filed by the applicant/appellant for stay of the operation of the impugned judgment and award dated 08.07.2024 passed by the Member, MACT, Morigaon in connection with MAC (Injury) Case No. 76/2016 directing the applicant/appellant to pay a compensation of Rs.23,22,525/- (Rupees Twenty Three Lacs Twenty Two Thousand Five Hundred and Twenty Five) to the respondent No. 1/opposite party No. 1. 3. Learned counsel for the respondent No. 1/opposite party No. 1 has raised serious objection stating that the respondent No. 1/opposite party No. 1 will be highly prejudiced if 50% of the award is not allowed to be withdrawn. 4. I have considered the submissions at the bar with circumspection. Page No.# 3/3 5. The operation of the impugned judgment and award dated 08.07.2024 passed by the Member, MACT, Morigaon in connection with MAC (Injury) Case No. 76/2016 is hereby stayed until further orders. 6. The appellant is directed to deposit 50% of the quantum of compensation of Rs.23,22,525/- (Rupees Twenty Three Lacs Twenty Two Thousand Five Hundred and Twenty Five) within a period of four weeks. 7. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant