Gauhati High Court
The Oriental Insurance Co. Ltd vs Pujan Sarkar And 2 Ors on 1 March, 2021
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GAHC010033392021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./43/2021
THE ORIENTAL INSURANCE CO. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7.
VERSUS
PUJAN SARKAR AND 2 ORS.
S/O- SRI SUSHIL SARKAR, R/O- VILL.- KEHERUKHANDA PATHAR, P.O.
KEHERUKHANDA PATH, P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN-
784110 AND PERMANENTLY RESIDING AT- C/O- MANMOHON DEKA,
SONALI PATH, H/NO. 5, RUPNAGAR, P.O. INDRAPUR, P.S. BHANGAGARH,
DIST.- KAMRUP(M), ASSAM, PIN- 781032.
2:MAHABIR SETHIA
S/O- LATE BIKAMCHAND SETHIA
R/O- WARD NO. 7
DHEKIAJULI
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110.
3:DILIP KR. THAPA
S/O- LATE KARMA D. THAPA
R/O- VILL.- MUKATETELI
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001
Advocate for the Petitioner : MR. S K GOSWAMI
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Advocate for the Respondent :
Linked Case : I.A.(Civil)/472/2021
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7.
VERSUS
PUJAN SARKAR AND 2 ORS.
S/O- SRI SUSHIL SARKAR
R/O- VILL.- KEHERUKHANDA PATHAR
P.O. KEHERUKHANDA PATH
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110 AND PERMANENTLY RESIDING AT- C/O- MANMOHON DEKA
SONALI PATH
H/NO. 5
RUPNAGAR
P.O. INDRAPUR
P.S. BHANGAGARH
DIST.- KAMRUP(M)
ASSAM
PIN- 781032.
2:MAHABIR SETHIA
S/O- LATE BIKAMCHAND SETHIA
R/O- WARD NO. 7
DHEKIAJULI
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110.
3:DILIP KR. THAPA
S/O- LATE KARMA D. THAPA
R/O- VILL.- MUKATETELI
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
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PIN- 784001.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for PUJAN SARKAR AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : --01.03.2021
Heard Mr. S.K. Goswami, learned counsel for the appellant.
This Interlocutory Application has been filed for stay the judgment and award passed
in the connected MAC Appeal No. 472/2021.
Issue notice to respondent no.1 returnable in 6(six) weeks.
The appellant shall take steps for service of notice on respondents by registered post
with A/D as well as by usual process within 2 days.
Having regard to the submission made by the learned counsel for the applicant that
there has been duplicity of claim and that though the documents disclosed expenses on the
lower side but higher compensation was awarded. The learned counsel for the applicant has
also stated that the award was passed on account of loss of earning capacity, claim under
head of loss of amenities and loss of life expectancy would not be maintainable.
Accordingly, this Court is inclined to stay the enforcement of the award dated
09.12.2020, passed by the Additional District Judge (FTC) cum-learned Member, Motor
Accident Claims Tribunal, Kamrup (M) at Guwahati in MAC Case No. 1754/2012, subject to
condition that the applicant shall deposit 50% of the awarded amount before the registry
within a six (6) weeks.
List after 6(six) weeks.
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JUDGE
Comparing Assistant
