NEW INDIA ASSURANCE COMPANY LIMITED v. PRAKHEND RAJKHOWA AND 2 ORS.
I.A.(Civil)/778/2021 · 2025-07-22
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9578 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9578 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010049372019
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/778/2021 NEW INDIA ASSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT ULUBARI G.S. ROAD GUWAHATI. VERSUS PRAKHEND RAJKHOWA AND 2 ORS.
S/O- KIRTI RAJKHOWA R/O- AMGURI VILLAGE P.O. AND P.S.- KAKOPOTHAR DIST.- TINSUKIA ASSAM PIN- 786160.
2:SMT. PANWATI DEVI W/O- SRI RAMLAL RAI R/O- PALTAN BAZAR R/O- CHIRAPATTI P.O. AND P.S. TINSUKIA DIST.- TINSUKIA ASSAM PIN- 786125. (OWNER OF THE VEHICLE NO. AS-23-A-3235).
3:SRI RAMLAL RAI S/O- LATE DIP NARAYAN RAI R/O- CHIRAPATTI P.O.
P.S. AND DIST.- TINSUKIA ASSAM PIN- 786125.
Page No.# 2/3 (DRIVER OF THE VEHICLE NO. AS-23-A-3235). ------------ Advocate for : MR. K K BHATRA Advocate for : appearing for PRAKHEND RAJKHOWA AND 2 ORS.
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER Date : 23.07.2025 Heard Ms. A. Biyani, learned counsel for the applicant.
2. This interlocutory application, is preferred by the applicant for staying the
judgment and award dated 28.09.2018, passed by the learned member, Motor Accident Claims Tribunal, in M.A.C Case No. 81/2014.
3. Ms. Biyani, learned counsel for the applicant submits that the applicant is preferred one M.A.C Appeal and the same has already been admitted by this Court and the record has also been called for. In the meantime, the respondent/opposite parties herein have instituted one execution proceeding in Misc.J Case No. 8/2018 and the next date is fixed on 28.07.2025 and as such, there is a requirement for staying the impugned judgment and award dated 28.09.2018, and the applicant is ready to pay 50% of the awarded amount before the Registry of this Court.
4. Having heard the submissions of learned counsel for the applicant, and considering the facts and circumstances on record, the operation of the impugned judgment and award dated 28.09.2018, stands stayed till returnable date.
5. Subject to however to depositing of 50% of the awarded amount before the Registry of this Court within a period of 3 (three) weeks from today.
Page No.# 3/3
6. In terms of above, this I.A. stands disposed of.
JUDGE Comparing Assistant