Oriental Insurance Co. Ltd vs Srimati Baruah And 3 Ors
2021 Latest Caselaw 2654 Gua

                                                              Page No.# 1/3

GAHC010121482021




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

                        Case No. : I.A.(Civil)/1788/2021


         ORIENTAL INSURANCE CO. LTD.
         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

         SRIMATI BARUAH AND 3 ORS
         W/O SRI JIBENDRA NARAYAN BARUAH
         R/O VILL- GHANKURSHA
         NORTH SALMARA
         P.S.-ABHAYAPURI
         DIST- BONGAIGAON
         ASSAM
         PIN-783383

         2:JIBENDRA NARAYAN BARUAH
         S/O LT. BIRENDRA NARAYAN BARUAH
          R/O VILL- GHANKURSHA
          NORTH SALMARA
          P.S.-ABHAYAPURI
          DIST- BONGAIGAON
         ASSAM
          PIN-783383
          3:ABDUR RAHIM
         S/O MD. HOSSAIN MIA
          R/O VILL- BARHANGRAM
          P.O.-NAYANSUKH
          P.S.-FARAKKA
          DIST- MURSIDABAD
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             WEST BENGAL
             PIN-742212 (OWNER OF TRUCK NO. WB-57/B-4589)
             4: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 SRIMATI BARUAH AND 3 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 award, dated 17.12.2020, passed by the learned Member, MACT, Bongaigaon in MAC Case No.129/2015, whereby an amount of Rs.3,55,000/-(Rupees Three Lakhs Fifty Five Thousand only) along with an interest of 6%per annum from the date of filing of claim petition, till the payment is made, have been awarded as compensation to be paid to the opposite party Nos. 1 & 2/claimants.

Upon hearing the learned counsel for the applicant/appellant, the impugned judgment and award, dated 17.12.2020, passed by the learned Member, MACT, Bongaigaon in MAC Case No.129/2015, 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 Page No.# 3/3

from today and on such deposit being made by the applicant/appellant, the opposite party Nos. 1 & 2/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