THE NEW INDIA ASSURANCE CO. LTD. v. GUNA KANTA BARUAH
I.A.(Civil)/578/2025 · 2025-03-02
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8122 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8122 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010038262025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/578/2025 THE NEW INDIA ASSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 REP BY ITS REGIONAL MANAGER G.S. ROAD GUWAHATI-7. VERSUS GUNA KANTA BARUAH S/O. HEMO BARUAH R/O. JULIGURI GAON P/O. LAHOWAL. P/S. LAHOWAL DIST. DIBRUGARH ASSAM-786010. 2:GOPINATH SONOWAL S/O. KULESWAR SONOWAL R/O. VILL.- NAHARONI GAON P/O. NAHARONI VIA BORBORUAH P/S. BORBORUAH DIBRUGARH ASSAM-786007. 3:LAKHINATH KONWAR S/O. LT. GOKUL KONWAR R/O. VILL.- JULIGURI GAON P/O AND P/S. LAHOWAL DIST. DIBRUGARH ASSAM PIN-786010. Page No.# 2/3 Advocate for the applicant(s): Mr. A Acharya
Advocate for the respondent(s):
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 03.03.2025
Heard Mr. A Acharya, the learned counsel appearing on behalf of the applicant. 2. This is an application for stay of the judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 whereby an amount of Rs.2,20,000/- had been directed to be paid to the claimants along with interest @ 7% per annum from the date of filing of the claim petition till payment to the claimants. 3. This Court having perused the impugned judgment and award dated 14.11.2024 is of the opinion that taking into account the dispute involved, interest of justice would be met if the impugned judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 is stayed subject to deposit of an amount of Rs.1,40,000/- along with interest @7% per annum from the date of filing of the claim application before the Registry of this Court within 6(six) weeks from today. 4. Accordingly, the impugned judgment and award dated 14.11.2024 passed
Page No.# 3/3 by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.43/2019 is stayed till the disposal of the instant appeal, provided the appellant deposits an amount of Rs.1,40,000/- along with interest @7% as awarded by the learned Tribunal before the Registry of this Court within 6(six) weeks from today. 5. The claimant/respondent No.1 shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and upon furnishing of the bank particulars release the said amount to the claimants. 6.
Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant