Oriental Insurance Company Ltd vs Md. Lal Baba Ali And 3 Ors
2021 Latest Caselaw 2933 Gua

                                                               Page No.# 1/3

GAHC010116622018




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

                        Case No. : I.A.(Civil)/1926/2018


         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGIONAL OFFICE AT GUWAHATI
         ULUBARI
         GUWAHATI-781007
         REPRESENTED BY THE DEPUTY MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI-781007


          VERSUS

         MD. LAL BABA ALI AND 3 ORS.
         VILL-NO. 2 MATHADANG
         PO-DEMOWMUKH
         PS AND DIST- SIBASAGAR
         ASSAM
         PIN-785663

         2:SMT. RUCHENA BEGUM
         VILL-NO. 2 MATHADANG
          PO-DEMOWMUKH
          PS AND DIST- SIBASAGAR
          ASSAM
          PIN-785663
          3:MD. LUTFUR ALI
         (RESPONDENT NO. 3 BEING MINOR IS REPRESENTED BY HIS FATHER THAT
         IS RESPONDENT NO.1) VILL-NO. 2 MATHADANG
          PO-DEMOWMUKH
          PS AND DIST- SIBASAGAR
          ASSAM
          PIN-785663
          4:MD. MUJAKIR HUSSAIN
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             VILL-KAKOJAN DAGAON
             PO-KAKOJAN
             PS-TEOK
             DIST-JORHAT
             ASSAM-785107
             ------------
             Advocate for : MS. R D MOZUMDAR
             Advocate for : appearing for MD. LAL BABA ALI AND 3 ORS.



                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

Date : 17.11.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. A. Borah, learned counsel for the opposite party Nos.1 to 3 and Mr. S. Alim, learned counsel for the opposite party No.4.

This is an application praying for stay of the operation of the impugned judgment dated 04.07.2017, passed by the learned Member, MACT No.1, Kamrup(M), Guwahati, in MAC Case No.1001/2015, whereby an amount of Rs.8,85,000/-(Rupees Eight lakhs Eighty Five only) along with an interest of 7% per annum have been awarded as compensation to be paid to the opposite party Nos.1 to 3/claimants.

Upon hearing the learned counsels for the parties, it is provided that the impugned judgment dated 04.07.2017, passed by the learned Member, MACT No.1, Kamrup(M), Guwahati, in MAC Case No.1001/2015, 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 would be at Page No.# 3/3

liberty to withdraw the deposited amount on being identified by the engaged counsel as per the procedure prescribed.

The I.A. stands disposed of.

JUDGE

Comparing Assistant