HDFC ERGO GENERAL INSURANCE CO. LTD. v. MINU GOGOI AND ORS
I.A.(Civil)/550/2025 · 2025-03-04
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7811 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7811 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010034102025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : I.A.(Civil)/550/2025 HDFC ERGO GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOSUE HT PAREKH MARG 169 BACKBAY RECLAMATION MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFIC AT ADITYAM BUILDING 6 TH FLOORT LACHIT NAGAR G.S ROAD GUWAHATI ASSAM 781007 VERSUS MINU GOGOI AND ORS W/O. LT. MOHAN CH. GOGOI 2:BHAGYASHRI GOGOI D/O. LT. MOHAN CH. GOGOI 3:NIRAB MOHAN GOGOI S/O. LT. MOHAN CH. GOGOI 4:JUNU GOGOI W/O. LT. MOHAN CH. GOGOI
ALL ARE R/O VILL- KOLAKHUWA P.O AND P.S BOKAKHAT DIST- GOLAGHAT ASSAM PIN 785612
Page No.# 2/3 (RESPONDENT NOS. 2 AND 3 BEING MINORS ARE REP. BY THEIR LEGAL GUARDIAN MOTHER RESONDENT NO. 1.
5:MANUJ HAZARIKA S/O. SRI BARUAH HAZARIKA R/O. VILL.- ASEB COLONY P/O. AND P/S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN-785612. ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for MINU GOGOI AND ORS
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.03.2025
Heard learned counsel Ms. P. Borthakur for the insurer/appellant/applicant. The appellant/applicant has preferred this application with prayer for stay of operation of the impugned Order dated 20.11.2024, passed by the Learned Member, MACT No. 2, Kamrup (M), in connection with MAC Case No. 1115/2019. It is submitted on behalf of the appellant/applicant that the appellant deserves an ex-parte stay that the respondents who are receiving 100% of the salary as pensionary benefits, have been receiving pension regularly. As the respondent Nos. 1 to 4 are receiving pension regularly, they are entitled to loss of dependency. I have considered the submissions of the learned counsel for the applicants. Considering all aspects, the operation of the impugned order dated
Page No.# 3/3 20.11.2024, in connection with MAC Case No. 1115/2019 is stayed until further orders subject to the condition that the appellant/applicant deposits 50% of the awarded amount of Rs. 43,69,206.55 within a period of 4 (four) weeks before the Registry of this Court. In terms of the above observation, I.A. stands disposed of.
JUDGE Comparing Assistant