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2025 DAILYLAW 6820 (GAU)

NATIONAL INSURANCE COMPANY LIMITED v. SABITRI KALITA

I.A.(Civil)/356/2025 · 2025-06-08

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010021112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/356/2025 NATIONAL INSURANCE COMPANY LIMITED HAVING ITSREGISTERED OFFICE AND HEAD OFFICE OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGHAR G.S. ROAD GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS SABITRI KALITA W/O. LT. TANKESWAR KALITA R/O. VILL. LACHIPATHAR P/O. MOITRI ASHRAM P/S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787051. 3:KUSHA KALITA S/O. SMT. BASANTI KALITA R/O. VILL. LECHAIGAON P/O. NARAGAON P/S. PANIGAON DIST. LAKHIMPUR ASSAM PIN-787052. ------------ Advocate for : Advocate for : appearing for SABITRI KALITA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.06.2025 Heard Mr. T. Kalita, learned counsel for the applicant and Mr. J. Kalita, learned counsel for the opposite party No. 1. 2. This interlocutory application, under Order XLI Rule 5 of the CPC is preferred by the applicant, for staying the operation of the Judgment and Award dated 04.11.2024, passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020. 3. It is to be noted here that vide impugned Judgment and Award dated 04.11.2024, the learned Tribunal has directed the appellant to pay a sum of Rs. 14,37,800/- to the claimants as compensation along with interest @ 6% per annum from the date of filing of the evidence, till realization. 4. Mr. T. Kalita, learned counsel for the applicant submits that the applicant has preferred an appeal being, MAC Appeal No. 37/2025 and the same has already been admitted. Mr. Kalita further submits that the applicant is ready to deposit 50% of the awarded amount before the registry of this court and therefore, it is contended to stay the operation of Judgment and Award dated 04.11.2024, passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020. 5. Having considered the submission of Mr. T. Kalita, learned counsel for the applicant and also considering the facts and circumstances on the record, this court is inclined to stay the operation of Judgment and Award dated 04.11.2024, passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020. 6. Accordingly, it is provided that till disposal of the connected appeal, i.e. MACAppeal No. 37/2025, the operation of Judgment and Award dated 04.11.2024, Page No.# 3/3 passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020, stands stayed, subject to the condition that the applicant shall deposit 50% of the awarded amount before the registry of this court, within a period of 15 (fifteen) days from today. 7. In terms of above, this IA stands disposed of. JUDGE Comparing Assistant