Oriental Insurance Company Ltd vs Md. Syed Ahmed Ali @ Syed Ahammad ...
2021 Latest Caselaw 3137 Gua

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GAHC010177892021




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

                        Case No. : I.A.(Civil)/2023/2021



         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGIONAL OFFICE AT GUWAHATI
         ULUBARI
         GUWAHATI-781007 REPRESENTED BY THE ASSISTANT MANAGER
         GUWAHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI-781007
         KAMRUP(M)
         ASSAM


          VERSUS

         MD. SYED AHMED ALI @ SYED AHAMMAD ALI AND 2 ORS.
         S/O LATE WAHED ALI
         R/O VILL-DHIRENPARA TINIALI
         P.O.-DHIRENPARA
         P.S.-FATSIL AMBARI
         DIST-KAMRUP(M)
         ASSAM
         PIN-781025

         2:MRS. JESMINARA BEGUM
         W/O MD. SYED AHMED ALI @ SYED AHAMMAD ALI
          R/O VILL-DHIRENPARA TINIALI
          P.O.-DHIRENPARA
          P.S.-FATSIL AMBARI
          DIST-KAMRUP(M)
         ASSAM
          PIN-781025
          3:MD. FIROJ ALI
         S/O FARAMUJ ALI
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           R/O VILL- BARKHETRI BARNI
           P.O.-BALOWA
           P.S.-BELSOR
           DIST- NALBARI
           ASSAM
           PIN-781310
           ------------
           Advocate for : MS. R D MOZUMDAR
           Advocate for : appearing for MD. SYED AHMED ALI @ SYED AHAMMAD ALI
           AND 2 ORS.



                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date :26.11.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant.

This is an application praying for stay of the operation of the impugned judgment and award, dated 28.05.2021, passed by the learned Member, MACT No.1, Kamrup(M) in MAC Case No.79/2017, whereby an amount of Rs.32,31,000/-(Rupees Thirty Two Lakhs Thirty One Thousand only) along with an interest of 7.5% per annum have been awarded as compensation to be paid to the respondents No.1 to 3/claimants.

Issue notice to the opposite parties, returnable in six weeks.

Steps for service of notice upon the opposite parties be taken by registered post with A/d as well as by usual process, within a week.

In the meanwhile, the impugned judgment and award, dated 28.05.2021, passed by the learned Member, MACT No.1, Kamrup(M) in MAC Case No.79/2017, shall remain stayed subject to the applicant/Insurance Company depositing an amount of Rs.10,00,000/- (Rupees Ten lakhs only) of the awarded amount before the Registry of this Page No.# 3/3

Court, within a period of 6(six) weeks from today.

List it after 6(six) weeks.

JUDGE

Comparing Assistant