National Insurance Company Ltd v. Bhupen Choudhury and 2 Ors

ORDER Date : 05.08.2024 Heard Mr. T. Kalita, learned counsel for the applicant. This appeal under Order XLI Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant praying for stay of execution of impugned judgment and award dated 29.10.2022 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M) at Guwahati in MAC Case No. 1951/2017. The said judgment and award has been impugned by the applicant by preferring the connected MAC Appeal No. 264/2024. The learned counsel for the applicant has submitted that in a connected MAC Appeal which arose out of the same accident, a Co-ordinate Bench of this Court has stayed the operation of the impugned judgment and award in that case and, hence, the learned counsel for the appellant has prayed that in the instant case also, the execution of the impugned judgment and award may be stayed. Considering the submission made by the learned counsel for the appellant, and also considering the relief sought for in this interlocutory application, the notice to the opposite parties in this interlocutory application is waived. The prayer for stay of execution of the impugned judgment and award is hereby allowed, subject to payment of 50% of the awarded compensation amount by the applicant before the Registry of this Court within a period of six weeks from the date of this order. It is made clear herein that the deposited amount shall not be disbursed to Page No.# 3/3 anyone without hearing the applicant. This interlocutory application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010109482023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oooooooooooooooooooooooooooooooooooooooI.A.(Civil)/1728/2024 NATIONALoINSURANCEoCOMPANYoLTD HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3 oMIDDLETONoSTREET oKOLKATAoANDoITSoREGIONALoOFFICEoAToBHANGAGARHoG.SoROAD oGUWAHATIo781005oREPRESENTEDoBYoTHEoCHIEFoREGIONALoMANAGER oGUWAHATIoREGIONALoOFFICE oVERSUS BHUPENoCHOUDHURYoANDo2oORS. S/OoLATEoMAHIMoCHOUDHURY oRESIDENToOFoVILLAGEoDAMDAMA oPSoHAJO oDISToKAMRUP oASSAMo781104 2:SRIoNIBARANoTHAKURIA S/OoDHANIRAMoTHAKURIA oRESIDENToOFoVILLAGEoSANDHELIoMAKRAPARA oPSoANDoDISToNALBARI oASSAMo781353 o3:SRIoPAPULoDAS S/OoDANDIoDAS oRESIDENToOFoARIKUCHI oPSoANDoDISToNALBARI oASSAMo o781339 o------------ oAdvocateoforo:oMRoToKALITA Advocateoforo:oappearingoforoBHUPENoCHOUDHURYoANDo2oORS. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA