Gauhati High Court
Oriental Insurance Co. Ltd vs Eliza Khatun And 10 Ors on 3 September, 2021
Page No.# 1/4
GAHC010085002021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1252/2021
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
REP. BY THE REGIONAL MANAGER.
VERSUS
ELIZA KHATUN AND 10 ORS
W/O- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
2:FATEMA KHATUN
D/O- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
3:IBRAHIM ALI
S/O- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
4:RAHIM ALI
F/O- LATE TASHAN ALI
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R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
5:TARABHANU
M/O- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
6:MAHITAN BEWA
GRANDMOTHER OF LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
7:TARIF ALI
BROTHER OF- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
8:DILDAR ALI
BROTHER OF- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
9:BULBUL ALI
BROTHER OF- LATE TASHAN ALI
R/O- ITARVITA
P.O. AND P.S. HOWLY
PIN- 781316
DIST.- BARPETA
ASSAM.
10:ARFAN ALI
S/O- AMIR HUSSAIN
R/O- VILL.- PUB DHAKALIAPARA
P.S. HOWLY
DIST.- BARPETA
ASSAM (DRIVER OF THE OFFENDING VEHICLE BEARING REGD. NO. AS-
01BA-1784 (FORD FIGO).
11:MD. JAHUR UDDIN
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S/O- JAYNAL ABEDIN
R/O- VILL.- KUCHIAKHANDA
P.S. GOBARDHANA
DIST.- BAKSA (BTAD)
ASSAM
C/O- JAHANARA CHOUDHURY
FRIENDS PATH
HATIGAON
GUWAHATI- 781006 (OWNER OF THE OFFENDING VEHICLE BEARING
REGD. NO. AS-01BA-1784 (FORD FIGO).
------------
Advocate for : MR SISHIR DUTTA
Advocate for : appearing for ELIZA KHATUN AND 10 ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
03.09.2021
The court proceedings have been conducted through online court proceeding services.
Heard Mr. S. Dutta, learned counsel for the applicant/appellant.
The interlocutory application has been preferred by the applicant/appellant seeking
stay/suspension of the operation of the judgment and award dated 04.03.2021 passed by the
learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati ("the Tribunal"
for short) in MAC Case No. 1094/2017 till disposal of the appeal. By the said judgment and
award, the learned Tribunal has awarded an amount of Rs. 15,15,200/- as compensation
along with interest @ 7.5% p.a. from the date of filing of the claim petition till its realization.
The applicant as appellant has preferred the connected appeal, MAC App. 169/2021
assailing the said judgment and award. The said appeal has already been admitted for
Hearing.
Mr. Dutta has submitted that the learned Tribunal had erred in assessing the
compensation under the heads (a) Deduction towards personal expenses; (b) Consortium; (c)
Future prospect; and (d) Interest on future prospect.
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I have perused the reasons given in the impugned judgment and award. Upon due
consideration on the same, it is provided that the operation of the impugned judgment and
award dated 04.03.2021 shall remain suspended till disposal of the appeal, subject to deposit
of 75% of the awarded amount by the applicant/appellant within a period of 6 (six) weeks
from today before the Registry of this Court.
The application stands disposed of with the aforesaid terms.
JUDGE
Comparing Assistant
