Oriental Insurance Co. Ltd vs Mst Safura Bewa And 2 Ors
2021 Latest Caselaw 1863 Gua

                                                              Page No.# 1/2

GAHC010002002015




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Civil)/1172/2021

         ORIENTAL INSURANCE CO. LTD
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI
         G.S. ROAD
         ULUBARI
         GUWAHATI 781007 REPRESENTED BY THE ASSTT.MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI 781007


          VERSUS

         MST SAFURA BEWA and 2 ORS
         W/O LT. SHAKER ALI
         VILL. NO. 2
         BALADMARI CHAR
         P.O. BALADMARI
         P.S. and DIST. GOALPARA
         ASSAM.

         2:MD. REJABUL HOQUE
         S/O SABAN ALI
         VILL.KISMOTPUR
          P.O.
          PS. and DIST. GOALPARA
         ASSAM.
          3:MD. HABIJUDDIN

         S/O LT. HAJI MD. JAMSER ALI
         VILL. BHATIPARA GOALPARA TOWN
         P.O.
         P.S. and DIST. GOALPARA
         ASSAM.
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             ------------
             Advocate for : MS R D MAZUMDAR
             Advocate for : appearing for MST SAFURA BEWA and 2 ORS



                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

16.08.2021

The court proceedings have been conducted through online court proceeding services.

Heard Ms. R.D. Mazumdar, learned counsel for the applicant/appellant.

The instant interlocutory application has been filed seeking suspension of the operation of the judgment and award dated 26.02.2015 passed by the learned Motor Accident Claims Tribunal, Goalpara (hereinafter referred to as "Tribunal"), in MAC Case No.105/2012. The connected appeal, MAC App. 144/2021 has been preferred against the judgment and award dated 26.02.2015 and the same has already been admitted. By the said judgment and award, the learned Tribunal has awarded an amount of Rs.11,23,000/- as compensation along with interest @8% p.a. from the first date of adducing evidence, till the date of payment.

Ms. Mazumdar, learned counsel for the appellant has submitted that the deceased was a cultivator and as such, the Tribunal has erred in awarding a higher amount against the head, loss of dependency.

Considering the matter in its entirety, the operation of the impugned judgment and award dated 26.02.2015 shall remain stayed, subject to deposit of 50% of the awarded amount before the Registry within a period of 6 (six) weeks by the applicant/appellant.

The Interlocutory Application stands accordingly disposed of.

JUDGE

Comparing Assistant