Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 22235 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. SHWAFIYA KHATUN AND 4 ORS

I.A.(Civil)/40/2025 · 2025-01-07

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010275042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/40/2025 in MACApp./6/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKOTA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND A BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. VERSUS SHWAFIYA KHATUN AND 4 ORS W/O. LATE MOFIDUL ISLAM 2:HAJERA KHATUN W/O. ASHRAB ALI 3:ABIDA KHATUN D/O. LATE MOFIDUL ISLAM 4:SAFIR UDDIN S/O. LATE MOFIDUL ISLAM 5:MORIUM BIBI D/O. LATE MOFIDUL ISLAM ALL RE R/O. VILL. GEHUA CHALCHALI P/S. RUPAHIHAT Page No.# 2/3 DIST. NAGAON ASSAM P N 782125. RESPONDENT NO. 3 TO 5 BE NG MINORS ARE R PRESENTED BY HEIR L GAL GUARDIAN MOTHER I.E. RESPONDENT NO.1 6:FOZLUL HOQUES/O. ROFIQUL IS LAM R/O. VILL KANCHANPUR P/S. RUPHIHAT ST. NAGAON ASS M PIN-782125 --- -------- Advocate for : MR. R GOSWAM Advocate for : appe ring for SH AFIYA KHATUN ND 4 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 08.01.2025 Heard Ms. P. Borthakur, learned counsel for the applicant. This interlocutory application is preferred by the applicant, Magma HDI General Insurance Company Ltd., for staying the operation of the impugned judgment and award dated 20.09.2024, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, in MAC Case No.264/2021. It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal. Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 20.09.2024 stands stayed, subject to depositing of 50% of the Page No.# 3/3 awarded amount by the applicant before the Registry of this Court within a period of four weeks from today. In terms of above, this application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE