The Reliance General Insurance Co Ltd v. Biraj Basumatary and 3 Ors (H)

ORDER Date : 03.10.2024 Heard Mr. A. J. Saikia, learned counsel for the applicant. Also heard Ms. A. G. Choudhury, learned counsel for the respondent No. 1. This interlocutory application has been made by the applicant Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure, 1908 for staying the execution the judgment and award dated 13.07.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Assam in MAC Case No. 2535/2017. The counsel for the applicant has submitted that the applicant is ready to deposit 50% of the awarded compensation as a condition for stay. After considering the submissions made by the learned counsel for the parties as well as after considering the averments made in the application, the prayer is allowed. The execution of impugned judgment and award dated 13.07.2023 passed in MAC Case No. 2535/2017 is hereby stayed, subject to deposit of 50% of the awarded amount by the Insurance Company to the Registry of this Court within four weeks from the date of this order. On such deposit being made, the said amount shall be disbursed to the Page No.# 3/3 claimant/opposite party by the Registry after proper verification. This interlocutory application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010100932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.ooI.A.(Civil)/3050/2024 THEoRELIANCEoGENERALoINSURANCEoCOoLTD HAVINGoITSoREGISTEREDoOFFICEoATo19 oRELAINCEoCENTRE oWALCHANDoHIRACHANDoMARG oBALLARDoESTATE oMUMBAIo400001oANDoCORPORATEoOFFICEoATo570 oRECTIFIERoHOUSE oNAGAUMoCROSS oNEXToTOoROYALoINDUSTRIALoESTATE oWADALAo(W) oMUMBAIo400031oANDoONEoOFoTHEoBRANCHoOFFICESoAToPRAGoPLAZA o5THoFLOORoG.S.oROAD oBHANGAGARHoGUWAHATI-o781005. oVERSUS BIRAJoBASUMATARYoANDo3oORSo(H) S/OoLATEoUZIRoBASUMATARY oVILL.-oBOGIJULIoPATHAR oP.O.-oBEDETI oP.S.-oBEHALI oDIST.-oBISWANATH oASSAM oPIN-o784179. 2:JYOTISHoPRASADoBORUAH S/OoLATEoSABHARAMoBORUAH o R/OoNALKATA oP.O.-oBAGALIJAN oDIST.-oLAKHIMPUR oASSAM Page No.# 2/3 PIN- 787031. ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for BIRAJ BASUMATARY AND 3 ORS (H) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA