Citation : 2021 Latest Caselaw 285 Gua
Judgement Date : 29 January, 2021
Page No.# 1/3
GAHC010004282021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/102/2021
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
BILASINI SINGHA AND 3 ORS.
W/O- LATE JOYODHOAT SINGHA
PERMANENT RESIDENT OF VILL.- KASHIPUR PART-I
P.O. AND P.S. BORKHOLA
DIST.- CACHAR
ASSAM.
2:MISS JOYASHRI SINGHA
D/O- LATE JOYODHOAT SINGHA
PERMANENT RESIDENT OF VILL.- KASHIPUR PART-I
P.O. AND P.S. BORKHOLA
DIST.- CACHAR
ASSAM.
3:BROJESH SINGHA
S/O- LATE JOYODHOAT SINGHA
PERMANENT RESIDENT OF VILL.- KASHIPUR PART-I
P.O. AND P.S. BORKHOLA
DIST.- CACHAR
ASSAM.
4:ISLAM UDDIN BARBHUIYA
S/O- LATE MAKADDAS ALI BARBHUIYA
VILL.- NARAINPUR PART-III
P.S. ALGAPUR
DIST.- HAILAKANDI
ASSAM.
------------
Advocate for : MR SISHIR DUTTA
Advocate for : appearing for BILASINI SINGHA AND 3 ORS.
Page No.# 2/3
Linked Case No. : MACApp./8/2021
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
BILASINI SINGHA AND 3 ORS.
W/O- LATE JOYODHOAT SINGHA, PERMANENT RESIDENT OF VILL.-
KASHIPUR PART-I, P.O. AND P.S. BORKHOLA, DIST.- CACHAR, ASSAM.
2:MISS JOYASHRI SINGHA
D/O- LATE JOYODHOAT SINGHA
PERMANENT RESIDENT OF VILL.- KASHIPUR PART-I
P.O. AND P.S. BORKHOLA
DIST.- CACHAR
ASSAM.
3:BROJESH SINGHA
S/O- LATE JOYODHOAT SINGHA
PERMANENT RESIDENT OF VILL.- KASHIPUR PART-I
P.O. AND P.S. BORKHOLA
DIST.- CACHAR
ASSAM.
4:ISLAM UDDIN BARBHUIYA
S/O- LATE MAKADDAS ALI BARBHUIYA
VILL.- NARAINPUR PART-III
P.S. ALGAPUR
DIST.- HAILAKANDI
ASSAM
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 29.01.2021
Heard Mr. S. Dutta, learned counsel appearing on behalf of the applicant/Insurance Company.
This is an application praying for stay of the operation of the impugned judgment and award, dated 12.10.2020, passed by the learned Member, MACT, Cachar at Silchar, in MAC Case No. 676/2017 whereby compensation to the tune of Rs. 44,46,398/- has been awarded to the claimant(s).
The connected appeal being MAC.A No. 08/2021 challenging the impugned judgment and award, dated 12.10.2020, passed by the learned Member, MACT, Cachar at Silchar, in MAC Case No. 676/2017, has been admitted by the Court, today.
Upon hearing the learned counsel appearing on behalf of the applicant/Insurance Company; the impugned judgment and award, dated 12.10.2020, passed by the learned Member, MACT, Cachar at Silchar, in MAC Case No. 676/2017, 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.
On such deposit being made by the applicant/Insurance Company, the claimant(s), shall be at liberty to withdraw the deposited amount, on being properly identified, by following the due process of identification as notified by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands disposed of.
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