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2025 DAILYLAW 21096 (GAU)

UNITED INDIA INSURANCE COMPANY LTD v. MOINA KUMAR AND 3 ORS

I.A.(Civil)/2680/2025 · 2025-08-17

Budi Habung

Civil Appealbody2025

Judgment text

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Page No.# 1/4 GAHC010250312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(Civil) 2680/2025 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 24, WHITES ROAD, CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP (M), PIN-781005 REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS MOINA KUMAR AND 3 ORS W/O. LATE PRADIP KUMAR 2:BANASMITA KUMARI D/O. LATE PRADIP KUMAR 3:DIPJYOTI KUMAR S/O. LATE PRADIP KUMAR ALL ARE R/O. VILL. NO. 4 RAJGARH P/S. UDALGURI DIST. UDALGURI ASSAM PIN-784509. PRESENTLY RESIDING AT CARE OF SRI REBAKANTA KUMAR VILL. DHOKAPARA P/S. SIPAJHAR DIST. DARRANG ASSAM PIN-784145. (RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY THE RESPONDENT NO. 1) 4:HAR MOHAN MALAKAR S/O/ DHARMA KANTA MALAKAR Page No.# 2/4 R/O. H/NO. 18 JOYNAGAR SIXMILE P/S. KHANAPARA DIST. KAMRUP (M) ASSAM PIN-781028. PRESENT ADDRESS- VILL. DHARAMJULI P/O. DHARAMJULI P/S. DIMAKUCHI DIST. UDALGURI PIN-784509 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , MR N BARUAH(R-1) Linked Case : MAC.A. 363/2025 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR POST OFFICE GUWAHATI KAMRUP (M) PIN-781005 REP. BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS MOINA KUMAR AND 3 ORS W/O. LATE PRADIP KUMAR 2:BANASMITA KUMARI D/O. LATE PRADIP KUMAR 3:DIPJYOTI KUMAR S/O. LATE PRADIP KUMAR ALL ARE R/O. VILL. NO. 4 RAJGARH P/S. UDALGURI DIST. UDALGURI ASSAM PIN-784509. PRESENTLY RESIDING AT CARE OF SRI REBAKANTA KUMAR Page No.# 3/4 VILL. DHOKAPARA P/S. SIPAJHAR DIST. DARRANG ASSAM PIN-784145. (RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY THE RESPONDENT NO. 1) 4:HAR MOHAN MALAKAR S/O/ DHARMA KANTA MALAKAR R/O. H/NO. 18 JOYNAGAR SIXMILE P/S. KHANAPARA DIST. KAMRUP (M) ASSAM PIN-781028. PRESENT ADDRESS- VILL. DHARAMJULI P/O. DHARAMJULI P/S. DIMAKUCHI DIST. UDALGURI PIN-784509. ------------ Advocate for : MR T KALITA Advocate for : appearing for MOINA KUMAR AND 3 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.08.2025 Heard Mr. T. Kalita, learned counsel appearing on behalf of the applicant Insurance Company. Also heard Ms. Mrinalini Dutta Choudhury, learned counsel appearing on behalf of Opposite Parties No. 1, 2 & 3. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908, praying for stay of the operation of the impugned judgment and order, dated 29.05.2024, passed by the learned Additional District Judge, Darrang, Mangaldai, in MAC (Death) Case No. 80/2016. Page No.# 4/4 Since the connected appeal has already been admitted by this Court today, the operation of the impugned judgment and order, dated 29.05.2024, passed by the learned Additional District Judge, Darrang, Mangaldai, in MAC (Death) Case No. 80/2016, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 4(four) weeks from today. On such deposit being made by the applicant/Insurance Company, the respondent No. 1/claimant, shall be at liberty to withdraw the deposited amount on being properly identified by following the due process of verification as notified by the Registry of this Court, from time to time. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant