Oriental Insurance Company Ltd vs Soneshwari Devi And 2 Ors
2021 Latest Caselaw 3244 Gua

                                                                Page No.# 1/3

GAHC010169902021




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

                        Case No. : I.A.(Civil)/1868/2021

         ORIENTAL INSURANCE COMPANY 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

         SONESHWARI DEVI AND 2 ORS.
         W/O- LATE JIBAN NATH
         R/O- VILL.- KHELMATIKALKALBHANGI
         P.S. TEZPUR
         DIST. SONITPUR
         ASSAM AND PRESENT ADDRESS- VILL.- CHANDKUCHI
         P.S. AND DIST.- NALBARI
         ASSAM. (CLAIMANT NO. 1 BEING THE WIFE OF THE DECEASED IS
         REPRESENTING THE CLAIMANT NO. 2 BEING HIS MOTHER).

         2:SUBMIT NATH
         S/O- LATE JIBAN NATH
          R/O- VILL.- KHELMATIKALKALBHANGI
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM AND PRESENT ADDRESS- VILL.- CHANDKUCHI
          P.S. AND DIST.- NALBARI
         ASSAM. (CLAIMANT NO. 1 BEING THE WIFE OF THE DECEASED IS
         REPRESENTING THE CLAIMANT NO. 2 BEING HIS MOTHER.
          3:HIRANYA SAIKIA
         S/O- LATE SARBESWAR SAIKIA
         VILL.- TARAJAN
          KUMARGAON
          P.S. TEZPUR
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            DIST. SONITPUR
            ASSAM
            ------------
            Advocate for : MR SISHIR DUTTA
            Advocate for : appearing for SONESHWARI DEVI AND 2 ORS.



                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 01.12.2021

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

This is an application praying for stay of the operation of the impugned judgment and award, dated 12.04.2021, passed by the learned Member, MACT, Nalbari, in MAC Case No. 59(Death)/2017, whereby compensation to the tune of Rs. 25,41,000/- has been awarded to the opposite parties No. 1 & 2/claimants.

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 12.04.2021, passed by the learned Member, MACT, Nalbari, in MAC Case No. 59(Death)/2017, 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.

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List it after 6 weeks.

JUDGE

Comparing Assistant