Oriental Insurance Co. Ltd vs Marjina Khatun And 3 Ors
2021 Latest Caselaw 1885 Gua

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GAHC010084982021




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

                        Case No. : I.A.(Civil)/1228/2021


         ORIENTAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
         A-25/27 ASAF ALI ROAD
         NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
         REP. BY THE REGIONAL MANAGER.
         VERSUS
         MARJINA KHATUN AND 3 ORS
         W/O- ABUL ASAD
         R/O- VILL.- FOFONGA PART-I
         P.O. BALBALA
         P.S. AGIA
         DIST.- GOALPARA
         ASSAM.

         2:ABUL ASAD
         S/O- ABDUL RAHMAN
          R/O- VILL.- FOFONGA PART-I
          P.O. BALBALA
          P.S. AGIA
          DIST.- GOALPARA
         ASSAM.
          3:NUR MD. AHMED
         S/O- RAHIMUDDIN
         VILL.- KISMATPUR
          P.O. BALADMARI
          P.S. AND DIST.- GOALPARA
         ASSAM.
          4:NAJMUL HUSSAIN
         S/O- SAHADAT HUSSAIN
         VILL.- BHALUDUBI (BARPAHAR)
          P.S. AND DIST.- GOALPARA
         ASSAM.
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             Advocate for : MR SISHIR DUTTA
             Advocate for : appearing for MARJINA KHATUN AND 3 ORS


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

18.08.2021

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

Heard Mr. S. Dutta, learned counsel for the applicant/appellant.

The Interlocutory Application has been preferred under Order XLI Rule 5 of the Code of Civil Procedure, 1908 seeking stay/suspension of the operation of the judgment and award dated 05.01.2021 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara ("Tribunal" for short), in MAC Case No.39/2018. By the said judgment and award dated 05.01.2021, the learned Tribunal has awarded an amount of Rs.11,55,280/- as compensation along with interest @9% p.a. from the date of filing of the claim, till realization of the award. The connected appeal, MAC App. 164/2021 has been preferred against the judgment and award dated 05.01.2021 and the same has already been admitted.

Mr. Dutta, learned counsel for the appellant has submitted that the learned Tribunal had erred in taking income of the deceased as Rs.7,600/- in the absence of any evidence and also in granting parental consortium.

Having regard to the submissions made by the applicant, it is provided that the operation of the impugned judgment and award dated 05.01.2021 shall remain suspended till disposal of the connected appeal, subject to deposit of 50% of the awarded amount before the Registry within a period of 4 (four) weeks by the applicant/appellant.

The Interlocutory Application stands accordingly disposed of.

JUDGE

Comparing Assistant