Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 5982 (GAU)

NATIONAL INSURANCE CO. LTD. v. MRS. NEHA AGARWALLA and 5 ORS,

I.A.(Civil)/127/2023 · 2025-08-21

Budi Habung

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010002022016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(Civil) 127/2023 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5 AND ONE OF ITS BRANCH OFFICE AT DIBRUGARH VERSUS MRS NEHA AGARWALLA and 5 ORS W/O LATE BINIT AGARWALLA, R/O KRISHNA CLOTH STORES, TINSUKIA, DIST. TINSUKIA, PRESENTLY RESIDING AT C/O SRI PANNA BAJAJ DEMOW CHARIALI, P.O. and P.S. DEMOW, DIST. SIVASAGAR, ASSAM, PIN 785662 Advocate for the Petitioner : MR. K K BHATRA, MS.P HUJURI,MS.A BORA,MR.R K BHATRA,MR.K K BHATRA Advocate for the Respondent : , MS. M CHOUDHURY (R4) Linked Case : MACApp./14/2023 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI-5 AND ONE OF ITS BRANCH OFFICE AT DIBRUGARH VERSUS MRS. NEHA AGARWALLA and 5 ORS W/O LATE BINIT AGARWALLA R/O KRISHNA CLOTH STORES TINSUKIA Page No.# 2/2 DIST. TINSUKIA PRESENTLY RESIDING AT C/O SRI PANNA BAJAJ DEMOW CHARIALI P.O. and P.S. DEMOW DIST. SIVASAGAR ASSAM PIN 785662 ------------ Advocate for : MR. K K BHATRA Advocate for : appearing for MRS. NEHA AGARWALLA and 5 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.08.2025 Heard Ms. A. Biyani, learned counsel appearing on behalf of the applicant/Insurance Company. Also heard Mr. A. R. Shome, learned counsel, and Ms. M. Choudhury, learned counsel, appearing on behalf of their respective Opposite Parties. This is an application preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and award, dated 05.04.2016, passed by the learned Member, Motor Accident Claim Tribunal, Sivasagar, in MAC Case No. 72/2006. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and award, dated 05.04.2016, passed by the learned Member, Motor Accident Claim Tribunal, Sivasagar, in MAC Case No. 72/2006, shall remain stayed subject to the condition that the applicant/ appellant shall deposit 50% of the total awarded amount before the Registry of this Court, within a period of 6(six) weeks from today. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant