The Bajaj Allianz General Insurance Co Ltd v. Buli Rajak and 5 Ors

ORDER

29.04.2024

Heard Mr. A. Bhattacharyya, learned counsel for the applicant. Also heard Mrs. D. D. Roy, learned counsel appearing for the respondent Nos. 1 to 4. This appeal has been filed praying for stay of the operation of the impugned judgment and order dated 07.02.2024 passed by the learned Member, Motor Accidents Claims Tribunal, No.-3, Kamrup (M) in MAC. Case No. 1721/2016. It is submitted by the learned counsel for the applicant that the connected appeal has been filed against the impugned judgment and order dated

07.02.2024, wherein, the learned Tribunal awarded the compensation of Rs.44,87,000/- (Rupees forty-four lakhs eighty-seven thousand) only along with a interest of the claimants and further directed the applicant/insurance company to pay the awarded amount to the claimants/respondents. Mr. Bhattacharyya, learned counsel for the applicant, submits that the applicant is ready to deposit 50% of the awarded amount. Considering the submissions of learned counsel for the parties and in the interest of justice, pending disposal of the connected appeal, being MAC.App./172/2024, operation of the impugned judgment and award, dated

07.02.2024, passed by the learned Member, Motor Accidents Claims Tribunal, No.-3, Kamrup (M), Guwahati in MAC. Case No. 1721/2016, stands stayed/suspended subject to deposition of the 50% of the awarded amount before the Registry of this Court within 6 (six) weeks and the claimants will be Page No.# 4/4 at liberty to withdraw the same on being proper verification and identification by the Registry. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010082112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/1224/2024 THEoBAJAJoALLIANZoGENERALoINSURANCEoCOoLTD HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToGEoPLAZA oAIRPORToROAD oNERADA oPUNEo411006oANDoNORTHoEASTERNoREGIONALoOFFICEoAToSREEJIoTOWER o2NDoFLOOR oC/OoGAUHATIoTEAoWAREHOUSINGoPVT.oLTD.oADJACENToTOoMAHINDRAo SHOWROO oCHRISTIANoBASTI oGUWAHATIo781005 oKAMRUPoMoASSAMoREPRESENTEDoBYoITSoLEGALoEXECUTIVEoCLAIMSo DEPARTMENT oMR.oNAYANJYOTIoCHOUDHURY oVERSUS BULIoRAJAKoANDo5oORS W/OoLATEoRANJIToKUMARoRAJAK oRESIDENToOFoRAILWAYoQUARTERoNO.o107o(A) oBBCoCOLONY oPANDU oGUWAHATIoDISToKAMRUPoMoASSAMo781012 2:SRIoRAJESHoKUMARoRAJAK S/OoLATEoRANJIToKUMARoRAJAK o RESIDENToOFoRAILWAYoQUARTERoNO.o107o(A) oBBCoCOLONY oPANDU oGUWAHATIoDISToKAMRUPoMoASSAMo781012 Page No.# 2/4 3:SRI MUKESH KUMAR RAJAK S/O LATE RANJIT KUMAR RAJAK RESIDENT OF RAILWAY QUARTER NO. 107 (A) BBC COLONY PANDU GUWAHATI DIST KAMRUP M ASSAM 781012 4:SMTI. JANKI RAJAK W/O LATE SHYAMLAL RAJAK RESIDENT OF RAILWAY QUARTER NO. 107 (A) BBC COLONY PANDU GUWAHATI DIST KAMRUP M ASSAM 781012 5:SRI MINTU DEKA S/O SRI SRIKANTA DEKA RESIDENT OF VILLAGE AND PO PACHARIA PS HAJO DIST KAMRUP M ASSAM 6:SRI GOPAL KALITA S/O LATE S KALITA RESIDENT OF VILLAGE KISMAT KADAMTALI PO ROWMARI PS SUALKUCHI DIST KAMRUP (R) ASSAM 781104 ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : MS D D ROY (R-1 4) appearing for BULI RAJAK AND 5 ORS Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA