The Oriental Insurance Co. Ltd vs Mintu Borman And 4 Ors
2021 Latest Caselaw 3226 Gua

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GAHC010133722020




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

                        Case No. : I.A.(Civil)/1694/2020


         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWHATI-7
         DIST.- KAMRUP
         ASSAM.


          VERSUS

         MINTU BORMAN AND 4 ORS.
         S/O- SRI BHABEN BORMAN
         R/O- NARIKOLGURI
         PADMAPUR
         P.S.- DERGAON
         DIST.- GOLAGHAT
         ASSAM.

         2:AMRIT RAJ BORDALOI
         S/O- SRI SUMIT BORDOLOI
          R/O- CHOLADHARA
          P.S. AND DIST.- JORHAT
         ASSAM.
          3:ALOK HAZARIKA
         S/O- HEM CHANDRA HAZARIKA
          R/O- NABAPUR
          BARBHETA
          P.S. AND DIST.- JORHAT
         ASSAM. (DRIVER OF DUMPER TRUCK NO. AS-03AC/6365).
          4:ROMEN BARMAN
         PADMAPUR WARD NO. 8
          P.O. DERGAON
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            GOLAGHAT
            ASSAM. (OWNER OF AS-12-H-6126).
            5:THE MANAGER
            SHRERAM GENERAL INSURANCE CO. LTD.

            A.T. ROAD
            JORHAT
            ASSAM. (INSURER OF AS-03AC-6365).
            ------------
            Advocate for : MR. S K GOSWAMI
            Advocate for : appearing for MINTU BORMAN AND 4 ORS.



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 01.12.2021

Heard Mr. S. K. Goswami, learned counsel for the applicant.

This is an application praying for stay of the operation of the impugned judgment and award, dated 15.02.2020, passed by the learned Member, MACT, Jorhat, in MAC Case No. 36/2016, whereby compensation to the tune of Rs. 2,20,264/- has been awarded to the Opposite Party No. 1/claimant.

Issue notice, returnable in 6 weeks.

Learned counsel for the applicant shall take necessary steps for causing service of notice upon the respondents by registered A/D post as well as by usual process within a week from today.

Upon hearing the learned counsel for the applicant and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 15.02.2020, passed by the learned Page No.# 3/3

Member, MACT, Jorhat, in MAC Case No. 36/2016, insofar as passing the liability of the awarded amount, in question, to the instant applicant/appellant- Insurance Company, shall remain stayed.

List it after 6 weeks.

JUDGE

Comparing Assistant