Gauhati High Court
Oriental Insurance Company ... vs Smti Purnima Gogoi And 2 Ors on 22 August, 2022
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GAHC010193362018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./520/2022
ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT,
1956, HAVING ITS REGD. OFFICE AT 3, ORIENTAL HOUSE, A-25/27 ASAF ALI
ROAD, NEW DELHI-2, WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
ULUBARI-7, GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER,
GUWAHATI, ASSAM
VERSUS
SMTI PURNIMA GOGOI AND 2 ORS
W/O. LATE KAMAL GOGOI, PERMANENT R/O. VILL. BOKATA
DIMARUGURI GAON, P.O. AND P.S. BAKHER NMUGURI, DIST. SIVASAGAR,
ASSAM, PIN 785670 PRESENT R/O. GRIHASHRAM, H/NO. 53, BEHIND
PRATIKSHA HOSPITAL, P.O. AND P.S. BORBARI, GUWAHATI, DIST.
KAMRUP(M), ASSAM, PIN- 781036
2:SRI MONTU BARUAH
S/O SRI MOTRAM BARUAH
RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670
3:SRI BIPUL NATH
S/O SRI BEDHU NATH
RESIDENT OF VILL. MOHKHUTI HOLMARIGAON
P.O. AND P.S. BOKATA
DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
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PIN 78567
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MR. N BORUAH
Linked Case : I.A.(Civil)/2460/2022
ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT
1956
HAVING ITS REGD. OFFICE AT 3
ORIENTAL HOUSE
A-25/27 ASAF ALI ROAD
NEW DELHI-2
WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
ULUBARI-7
GUWAHATI
REPRESENTED BY ITS REGIONAL MANAGER
GUWAHATI
ASSAM
VERSUS
SMTI PURNIMA GOGOI AND 2 ORS
W/O. LATE KAMAL GOGOI
PERMANENT R/O. VILL. BOKATA DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670 PRESENT R/O. GRIHASHRAM
H/NO. 53
BEHIND PRATIKSHA HOSPITAL
P.O. AND P.S. BORBARI
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN- 781036
2:SRI MONTU BARUAH
S/O SRI MOTRAM BARUAH
RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON
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P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670
3:SRI BIPUL NATH
S/O SRI BEDHU NATH
RESIDENT OF VILL. MOHKHUTI HOLMARIGAON
P.O. AND P.S. BOKATA
DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670
------------
Advocate for : MR. R C PAUL
Advocate for : MR. N BORUAH appearing for SMTI PURNIMA GOGOI AND 2
ORS
BEFORE
HON'BLE MRS. JUSTICE MALASRI NANDI
22.08.2022
Heard Mr. R.C. Paul, learned counsel appearing for the applicant/Insurance Company as
well as Mr. S. Khound, learned counsel appearing for the respondents/claimants.
The applicant/petitioner has preferred this application under Order XLI Rule 5 CPC
praying for stay of operation of the judgment and Award dated 02.05.2018 passed by learned
Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) in MAC Case No. 1460 of 2015.
As the appeal is admitted, prayer for stay of the operation of the impugned judgment
is allowed subject to payment of 50% of the awarded amount in favour of the claimants to be
deposited by the Insurance Company before the Registry within 6(six) weeks from today.
The claimants are allowed to withdraw the same.
The I.A. stands disposed of.
JUDGE
Comparing Assistant
