CHOLAMANDALAM MS GENERAL INSURANCE CO LTD v. SANATAN KALINDI @ KALANDI @ SONATOM AND 2 ORS
I.A.(Civil)/4017/2024 · 2025-01-02
Robin Phukan
body2025
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[ 2025 DAILYLAW 20852 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20852 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010241022024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4017/2024 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DIST. KAMRUP(M0 ASSAM.(REP. BY ITS ASSTT. MANAGER MR. GAUTAM PRADHAN) VERSUS SANATAN KALINDI @ KALANDI @ SONATOM AND 2 ORS S/O. LATE JAGANNATH KALINDI R/O. KALINAGAR P/S. BORKLA DIST. CACHAR ASSAM PIN-788110.
2:DEBJANI CHOUDHURY DAS W/O. SRI PRADIP DAS R/O. NIKUNJA APARTMENT 3RD FLOOR SILCHAR DIST. CACHAR ASSAM PIN-788001.
3:DEBABRATA DEB NATH S/O. LT. SUMANTA DEB NATH R/O. A.M. ROAD
Page No.# 2/3 MUKPKCHUNG NAGALAND PIN-798601. ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : appearing for SANATAN KALINDI @ KALANDI @ SONATOM AND 2 ORS
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER Date : 03.01.2025
Heard Mr. A. Bhattacharyya, learned counsel for the applicant.
2. This interlocutory application is preferred for staying operation of the
judgment and award dated 01.07.2024, passed in MAC Case No. 1336/2015, passed by the learned Member, Motor Accident Claims Tribunal (MACT), Cachar at Silchar.
3. It is to be noted here that vide impugned judgment and award dated 01.07.2024, the learned Member, MACT, Cachar at Silchar has directed the applicant herein to pay a sum of Rs. 1,04,986/- as compensation to the respondent No. 1, along with interest @ 9% per annum w.e.f. the date of filing of the claim petition till the date of realization.
4. It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal.
5. Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 01.07.2024, stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today.
Page No.# 3/3
6. In terms of above, this application stands disposed of.
JUDGE Comparing Assistant