National Insurance Company Limited v. Md Khairul Islam and 2 Ors

ORDER Date : 14.08.2024 Heard Ms. R. D. Mozumdar, learned counsel for the applicant. This application has been filed by the applicant Insurance Company praying for stay of the execution of the judgment and award passed on

20.06.2017 by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 414/2012. The learned counsel for the applicant has submitted that the applicant has preferred the connected MAC Appeal No. 372/2018 and they have takeN the ground of fraud against the claimants in the appeal. The learned counsel for the applicant has also submitted that the applicant Insurance Company is ready to deposit 50% of the awarded amount before this Court. On a query put by this Court to the learned counsel for the applicant, she submits that the Insurance Company is ready to deposit 50% of the award, provided it is not disbursed to the claimant without hearing the Insurance Company. Considering the submissions made by the learned counsel for the applicant, the notices to the respondents claimants is waived and this interlocutory application is allowed by staying the execution of impugned Page No.# 3/3 judgment and award dated 20.06.2017 passed in MAC Case No. 414/2012 by the learned Member, Motor Accident Claims Tribunal, Nagaon during the pendency of the connected MAC Appeal, subject to payment of 50% of the awarded amount by the applicant to the Registry of this Court within a period of six weeks from the date of this order. With the above observation, this interlocutory application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010080222018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oooI.A.(Civil)/1650/2018 NATIONALoINSURANCEoCOMPANYoLIMITED REGISTEREDoHEADoOFFICEoATo3 oMIDDLETONoSTREET oCALCUTTAo700071oREPRESENTEDoBYoTHEoASSTT.oMANAGER oGAUHATIoREGIONALoOFFICE oBHANGAGARH oGUWAHATIo781005 oVERSUS MDoKHAIRULoISLAMoANDo2oORS S/OoMD.oMOHIBULLAoKHAN oVILL.oJURIA oDIST.oNAGAON oASSAM oPINo782124 2:MD.oFARUQUEoHUSSAIN S/OoLATEoIBRAHIMoALI oVILL.oAZADoNAGAR oAMINPATTY oP.S.oSADAR oDIST.oNAGAON oASSAM oPINo782001 o3:MD.oKASHEMoALI S/OoMD.oMUSLUMUDDIN oVILL.oBHAKATGAON oP.S.oSADAR oDIST.oNAGAON oASSAM. o------------ Page No.# 2/3 Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MD KHAIRUL ISLAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA