M/S New India Assurance Co Ltd v. Ayesha Begum and 2 Ors

ORDER

21.10.2024

Heard Mr. K.K. Bhatta, learned counsel for the applicant.

¶2This interlocutory application is preferred by the applicant, New India Assurance Company Limited for staying the operation of Judgment and Award dated 03.06.2024, passed by the learned Member, M.A.C.T., Nagaon, in M.A.C. Case No. 301/2018.

¶3It is to be noted here that vide impugned Judgment and Award dated

03.06.2024, the learned Member, M.A.C.T., Nagaon has directed the appellants to pay a sum of Rs. 10,52,800/- to the claimants as compensation along with interest @ 6% per annum from the date of filing of the claim petition, till realization.

¶4Mr. Bhatta, learned counsel for the applicant submits that the applicant has preferred an appeal being, M.A.C. Appeal No. 537/2024 and the same has already been admitted and the record has also been called for. Mr. Bhatta further submits that the applicant is ready to deposit 50% of the awarded amount before the Registry of this court and therefore, it is contended to stay the operation of Judgment and Award dated 03.06.2024, passed by the learned Member, M.A.C.T., Nagaon, in M.A.C. Case No. 301/2018. Mr. Bhatta also Page No.# 3/3 submits that the deceased was a minor at the relevant point of time and that the accident took place while he was riding a motor cycle at a public place without driving license and as such, the impugned Judgment and Award dated

03.06.2024, is illegal and arbitrary.

¶5Having considered the submission of Mr. Bhatta, learned counsel for the applicant and also considering the facts and circumstances on the record, this court is inclined to stay the operation of Judgment and Award dated

03.06.2024, passed by the learned Member, M.A.C.T., Nagaon, in M.A.C. Case No. 301/2018.

¶6Accordingly, it is provided that till disposal of the connected appeal, i.e. M.A.C. Appeal No. 537/2024, the operation of Judgment and Award dated

03.06.2024, passed by the learned Member, M.A.C.T., Nagaon, in M.A.C. Case No. 301/2018, stands stayed, subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this court, within a period of 15 (fifteen) days from today.

¶7In terms of above, this I.A. stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010209202024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/3164/2024 M/SoNEWoINDIAoASSURANCEoCOoLTD HAVINGoITSoREGISTEREDoOFFICEoAToNEWoASSURANCEoBUILDINGo87 oMAHATMAoGANDHIoROAD oMUMBAI oANDoONEoOFoTHEoREGIONALoOFFICEoAToSTARoCITYoCOMPLEX o5THoFLOOR oLACHIToNAGAR oGUWAHATI-781005 oNEARoHANUMANoMANDIR. oVERSUS AYESHAoBEGUMoANDo2oORS W/O.oMD.oSAFIRoUDDIN oR/O.oVILL.-o2oNO.oSHIVPUR oP/S.-oMURAJHAR oDIST.-oNAGAON oASSAM-232102. 2:MD.oABDULoKALAM S/O.oLATEoABDULoHASIM oC/O.oK.oMEDHI oR/O.oHOUSEoNO.o110 oWARDoNO.o37 oSILPHUKRI oP/S.oCHANDMARI oDIST.-oKAMRUP(M) oASSAM oPIN-781003. o3:MD.oGULZARoHUSSAIN S/O.oLATEoABDULoHASIM oR/O.oURIAGRANToTUBUKI oP/S.oNAGAON Page No.# 2/3 DIST.-NAGAON ASSAM PIN-782144 ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for AYESHA BEGUM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN