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2025 DAILYLAW 23790 (GAU)

HDFC Ergo Gen Ins Co Ltd v. Mrs Pema Yangzom Namsa

MACApp./6/2025 · 2025-11-17

Budi Habung

body2025

Judgment text

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Page No.# 1/2 GAHC040015612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MACApp./6/2025 HDFC Ergo Gen Ins Co Ltd Age: 0 Occupation : Address:having tis registered office and Head Office at Ramon House HT Parekh Marg 169 Backbay Reclamation Mumbai 400020 and its Guwahati Branch Office at Adityam Building 6th Floor Lachit Nagar GS Road Guwahati Assam 781007 VERSUS Mrs Pema Yangzom Namsa Age: 0 Occupation : Address:Wife of Late Pema Wangdi Youbi resident of Boha Village PS Kalaktang West Kameng District Arunachal Pradesh. ------------ Advocate for : Gedo Kato Advocate for : Bolu Ram Das appearing for Mrs Pema Yangzom Namsa: Advocate appearing for respectively. Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.11.2025 Heard Mr. N. Ruja, learned counsel for the appellant. Also heard Mr. Boluram Das, learned counsel for the respondent/claimant. Mr. Ruja, learned counsel, at the outset, has insisted for stay of the judgment and award, dated 16.10.2024, passed by the learned Member, Motor Accident Claim Tribunal, West Kameng District, Bomdila, in MAC Case No. 16/2022. It appears that although the appellant has not filed any separate interlocutory application for stay of the impugned judgment & award, noted-above, however, as there is a prayer for interim relief in this appeal, the Court, therefore, feels it appropriate that the interim prayer can be considered and also taking into account that this appeal has also been admitted; the operation of the impugned judgment and award, dated 16.10.2024, passed by the learned Member, Motor Accident Claim Tribunal, West Kameng District, Bomdila, in MAC Case No. 16/2022, shall remain stayed subject to the condition that the applicant/ Insurance Company deposit 50% of the total awarded amount before the Registry of this Court within a period of 6(six) weeks from today. On such deposition being made by the Insurance Company; the same shall be allowed to be withdrawn by the respondent/claimant, on proper identification as well as by following the due process of verification as notified in this connection by the Registry of this Court, from time to time. List it after 4(four) weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant