New India Assurance Co. Ltd v. Afida Begum Barlaskar and 4 Ors. E

ORDER Date : 07.08.2024 Heard Mr. R. K. Bhatra, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel appearing for the respondent/claimants. This application for stay of execution of the judgment and award dated

21.05.2022 was passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 117/2017, has been filed by the Insurance Company. The applicant has impugned the aforesaid judgment and award by filing Page No.# 3/3 the connected MAC Appeal No. 331/2024. Learned counsel for the applicant has submitted that there is no evidence to show that the truck which was insured with the present applicants/Insurance Company has been involved in the alleged accident. On the other hand, learned counsel for the respondent No. 1, 2 and 3 has submitted that there are ample evidence on record to show that the truck in question was to involve in accident and on the basis of said evidence only the learned Tribunal has passed the impugned award. Considering the submission made by learned counsel for the parties and considering the fact that the appeal filed by the applicant has already been admitted.

This application for stay of the execution of impugned judgment and award filed by the applicant is hereby allowed subject to the payment of 50% of the awarded amount to the Registry of this Court within a period of six (6) weeks. This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010208592022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/1989/2024 NEWoINDIAoASSURANCEoCO.oLTD. HAVINGoITSoREGISTEREDoOFFICEoAToNEWoINDIAoASSURANCEoBUILDINGo87 oMAHATMAoGANDHIoROAD oMUMBAIoANDoONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoNORTHEASTo REGIONALoOFFICE oAToGSoROAD oULUBARI oGUWAHATI-o7 oASSAM. oVERSUS AFIDAoBEGUMoBARLASKARoANDo4oORS.oE W/OoLATEoKAMRULoHAQUEoBARLASKARoRESIDENToOFoSATKARAKANDIo PARToI oP.S.-oSONAI oDIST.-oCACHAR oASSAM oPIN-o788013. 2:AFRINoBARLASKAR MINOR oREP.oBYoRESPONDENToNO.o1 o D/OoLATEoKAMRULoHAQUEoBARLASKAR oRESIDENToOFoSATKARAKANDIoPART-oI oP.S.-oSONAI oDIST.-oCACHAR oASSAM oPIN-o788013. o3:NURoNEHARoBARLASKAR W/OoLATEoAKBARoBARLASKAR Page No.# 2/3 RESIDENT OF SATKARAKANDI PART- I P.S.- SONAI DIST.- CACHAR ASSAM PIN- 788013. 4:NURUL AMIN BARBHUIYA S/O LATE MAKABBIR ALI BARBHUIYA TARAPUR PART- V P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788003. 5:ISLAM UDDIN BARBHUIYA S/O LATE MAKADDAS ALI BARBHUIYA NARAINPUR PART- III P.S.- ALGAPUR DIST.- HAILAKANDI ASSAM PIN- 788152. ------------ Advocate for : MS P HUJURI Advocate for : appearing for AFIDA BEGUM BARLASKAR AND 4 ORS. E BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA