Oriental Insurance Company Ltd vs Smti. Parbati Kairi And 2 Ors
2021 Latest Caselaw 3240 Gua

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GAHC010239322018




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

                         Case No. : I.A.(Civil)/1704/2021

         ORIENTAL INSURANCE COMPANY LTD
         HAVING ITS GAUHATI REGIONAL OFFICE AT GUWAHATI
         ULUBARI
         KAMRUP (M)
         REP. BY THE DEPUTY MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI- 781007
         KAMRUP (M)
         ASSAM


          VERSUS

         SMTI. PARBATI KAIRI AND 2 ORS
         D/O- SRI MANGAL KAIRI
         R/O- VILL.- LABAC T.E.
         P.O. LABAC
         P.S. LAKHIPUR
         DIST.- CACHAR
         ASSAM
         PIN- 788102.

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-781007
          3:THE DEPUTY INSPECTOR GENERAL OF POLICE (ADMIN)
         ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-781007
          4:THE SUPERINTENDENT OF POLICE
          DHUBRI
         DIST-DHUBRI
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            ASSAM
            PIN-783301
            ------------
            Advocate for : MS R D MAZUMDAR
            Advocate for : MR. N UDDIN appearing for SMTI. PARBATI KAIRI AND 2 ORS



                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 01.12.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. M. Islam, learned counsel for Opposite Party No. 1/claimant.

This is an application praying for stay of the operation of the impugned judgment and award, dated 11.04.2018, passed by the learned Member, MACT, Cachar, Silchar, in MAC Case No. 1058/2009, whereby compensation to the tune of Rs. 40,49,520/- has been awarded to the Opposite Party No. 1 /claimant.

Upon hearing the learned counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 11.04.2018, passed by the learned Member, MACT, Cachar, Silchar, in MAC Case No. 1058/2009, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today, out of which, the Opposite Party No. 1/claimant shall be allowed to withdraw Rs. 7,25,760/- on being properly identified by following the due process of identification as notified by the Registry of this Court, from time to time.

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Furthermore, the Opposite Party No. 1/claimant shall be at liberty to file an application for withdrawal of the remaining deposited amount which shall be considered by this Court in accordance with law.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant