Page No.# 1/3 vs Smt. Sukla Roy @ Shukla Roy And 4 Ors
2021 Latest Caselaw 2882 Gua

                                                          Page No.# 1/3

GAHC010284402019




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

                       Case No. : I.A.(Civil)/1890/2021


         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956. REPRESENTED BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI-7


          VERSUS

         SMT. SUKLA ROY @ SHUKLA ROY AND 4 ORS
         W/O LATE SHANKAR LAL ROY
         R/O RABINDRA SARANI
         HAILAKANDI ROAD
         WARD NO. 15
         P.O. SILCHAR
         P.S. SILCHAR
         DIST. CACHAR
         ASSAM
         PIN 788005

         2:SRI SATYAJIT ROY
         S/O LATE SHANKAR LAL ROY
          R/O RABINDRA SARANI
          HAILAKANDI ROAD
         WARD NO. 15
          P.O. SILCHAR
          P.S. SILCHAR
          DIST. CACHAR
         ASSAM
          PIN 788005
          3:SRI SURAJTI ROY
         S/O LATE SHANKAR LAL ROY
          R/O RABINDRA SARANI
          HAILAKANDI ROAD
                                                                       Page No.# 2/3

           WARD NO. 15
           P.O. SILCHAR
           P.S. SILCHAR
           DIST. CACHAR
           ASSAM
           PIN 788005
           4:SMT MANIKA DEBNATH
           W/O SRIKANTA DEBNATH
           R/O VILL. KANAKPUR
           PT-II
           POLYSHREE LANE
           WARD NO. 15
           P.O. SILCHAR
           P.S. SILCHAR
           DIST. CACHAR
           ASSAM
           PIN 788005
           5:SRI RATHINDRA DAS
           SRI RADHA CHANDRA DAS
           R/O VILLAGE DIGOR SRIKONA
           P.O. AND P.S. SILCHAR
           DIST. CACHAR
           ASSAM
           PIN 788002.
           ------------
           Advocate for : MR. S K GOSWAMI
           Advocate for : MR. M TALUKDAR appearing for SMT. SUKLA ROY @ SHUKLA
           ROY AND 4 ORS



                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 15.11.2021

Heard Mr. S. K. Goswami, learned counsel for the applicant/Insurance Company. Also heard Mr. M. Talukdar, learned counsel for the opposite parties No. 1 to 3/claimants.

This is an application praying for stay of the operation of the impugned Page No.# 3/3

judgment and award, dated 01.08.2019, passed by the learned Member, MACT, Cachar, Silchar, in MAC Case No. 564/2016, whereby compensation to the tune of Rs. 11,55,000/- has been awarded to the opposite parties No. 1 to 3/claimants.

Upon hearing the learned counsel appearing on behalf of the parties and on perusal of the materials made available on record; the operation of the impugned judgment and award, dated 01.08.2019, passed by the learned Member, MACT, Cachar, Silchar, in MAC Case No. 564/2016, 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 opposite parties No. 1 to 3/claimants concerned, may file an application for withdrawal of the deposited amount which shall be considered in accordance with law.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant