The Oriental Insurance Co. Ltd vs Miss Surabhi Das And 2 Ors
2022 Latest Caselaw 2820 Gua

                                                                   Page No.# 1/4

GAHC010157682022




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

                                Case No. : I.A.(Civil)/2324/2022

            THE ORIENTAL INSURANCE CO. LTD
            A COMPANIES REGISTERED UNDER THE COMPANIES ACT, 1956,
            REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7,
            DIST KAMRUP, ASSAM



            VERSUS

            MISS SURABHI DAS AND 2 ORS
            D/O KARMESWAR DAS, R/O VILLAGE MALAYBARI, PS KHETRI, DIST
            KAMRUP (M), ASSAM, 782403

            2:SRI BHAGAWAN NATH

             RESIDENT OF MALAYBARI
             PS KHETRI
             DIST KAMRUP (M)
             ASSAM
             782403.

            3:SRI KANAK DAS

             S/O KARMESWAR DAS
             RESIDENT OF VILLAGE MALAYBARI
             PS KHETRI
             DIST KAMRUP (M)
             ASSAM
             78240

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :
                                                           Page No.# 2/4




Linked Case : MACApp./449/2022

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


VERSUS

MISS SURABHI DAS AND 2 ORS
D/O KARMESWAR DAS
R/O VILLAGE MALAYBARI
PS KHETRI DIST KAMRUP M ASSAM 782403

2:SRI BHAGAWAN NATH

RESIDENT OF MALAYBARI
PS KHETRI
DIST KAMRUP M ASSAM
782403
3:KANKAN DAS

S/O KARMESWAR DAS

RESIDENT OF VILLAGE MALAYBARI
PS KHETRI
DIST KAMRUP M ASSAM
782403
------------

Advocate for : MR. S K GOSWAMI Advocate for : appearing for MISS SURABHI DAS AND 2 ORS Page No.# 3/4

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

08.08.2022

Heard Mr. S. K. Goswami, the learned counsel for the applicant.

This is an application for stay of the judgment and award dated 03.11.2016 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.2493/2009.

One of the grounds of objections taken in the Memo of Appeal is that the entire claim proceedings arises out of a fraud being committed by the claimants as have transpired from the fact that there was an RTI application filed by the Insurance Company and it has been reported that there was no GD Entry of the incident in question.

Be that as it may, this Court is inclined to stay the impugned judgment and award dated 03.11.2016 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.2493/2009 subject to deposit of the entire amount of compensation along with the interest accrued thereon before the Registry of this Court within 6 (six) weeks from today.

The said amount so deposited shall be kept in a fixed deposit in a nationalized bank in the name of the Registrar General of this Court.

Taking into account the allegation of fraud being made in the Memo of Appeal, there shall not be any withdrawal of the said amount during the pendency of the instant appeal.

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However, in view of the said order, the Registry is directed to list the matter for hearing immediately upon receipt of the LCR and the service of notice upon the respondents.

In view of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant