Oriental Insurance Company ... vs Niharendra Narayan Baruah And 4 ...
2021 Latest Caselaw 2639 Gua

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GAHC010121682021




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

                        Case No. : I.A.(Civil)/1795/2021



         ORIENTAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
         A-25/27
         ASAF ALI ROAD
         NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
         REPRESENTED BY THE REGIONAL MANAGER


          VERSUS

         NIHARENDRA NARAYAN BARUAH AND 4 ORS
         S/O SRI JIBENDRA NARAYAN BARUAH
         R/O VILL- GHANKURSHA
         NORTH SALMARA
         P.S.-ABHAYAPURI
         DIST- BONGAIGAON
         ASSAM
         PIN-783383

         2:ROHAN BARUAH
         S/O LT. JAYANTA NARAYAN BARUAH
          R/O VILL- GHANKURSHA
          NORTH SALMARA
          P.S.-ABHAYAPURI
          DIST- BONGAIGAON
         ASSAM
          PIN-783383
          3:NILIM BARUAH
         S/O LT. JAYANTA NARAYAN BARUAH
          R/O VILL- GHANKURSHA
          NORTH SALMARA
          P.S.-ABHAYAPURI
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         DIST- BONGAIGAON
         ASSAM
         PIN-783383
         4:ABDUR RAHIM
         S/O MD. HOSSAIN MIA
         R/O VILL- BARHANGRAM
         P.O.-NAYANSUKH
         P.S.-FARAKKA
         DIST- MURSIDABAD
         WEST BENGAL
         PIN-742212 (OWNER OF TRUCK NO. WB-57/B-4589)
         5:GOBARDHAN SAHA
         S/O LT. SONTOSH SAHA
         R/O KHEGUREAGHAT
         P.S.-FARAKKA
         DIST- MURSIDABAD
         WEST BENGAL
         PIN-742212 (DRIVER OF TRUCK NO. WB-57/B-4589)
         ------------
         Advocate for : MR SISHIR DUTTA
         Advocate for : appearing for NIHARENDRA NARAYAN BARUAH AND 4 ORS



                                BEFORE
                    HONOURABLE MR. JUSTICE NANI TAGIA

                                   ORDER

Date :01.11.2021

Heard Ms. M. Choudhury, learned counsel for the applicant.

This is an application praying for stay of the operation of the impugned judgment and order, dated 17.12.2020, passed by the learned Member, MACT, Bongaigaon, in MAC Case No.127/2015, whereby an amount of Rs.36,65,606/-(Rupees Thirty Six Lakhs Sixty Five Thousand Six Hundred Six only) along with an interest of 6%per annum have been awarded as compensation to be paid to the opposite party Nos. 1 to 3/claimants.

Upon hearing the learned counsel for the applicant/appellant, the Page No.# 3/3

impugned judgment and order, dated 17.12.2020, passed by the learned Member, MACT, Bongaigaon in MAC Case No.127/2015, shall remain stayed subject to the applicant/appellant depositing 50% of the awarded amount before the Registry of this Court, within a period of 6(six) weeks from today and on such deposit being made by the applicant/appellant, the opposite party Nos. 1 to 3/claimants may file an application for withdrawal of the deposited amount, which shall consider in accordance with law.

The I.A. stands disposed of.

JUDGE

Comparing Assistant