The Oriental Insurance Co Ltd vs Mrs Rebia Begum And 3 Ors
2022 Latest Caselaw 3133 Gua

                                                                Page No.# 1/4

GAHC010239692018




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

                        Case No. : I.A.(Civil)/2492/2022

          THE ORIENTAL INSURANCE CO LTD
          A COMPANY REGISTERED UNDER THE COMPANIES ACT
          1956
          REPRESENTED BY ITS REGIONAL MANAGER
          ULUBARI
          GUWAHATI 7

           VERSUS

          MRS REBIA BEGUM AND 3 ORS
          WD. MOINUL HUSSAIN. RESIDENT OF VILLAGE FAUDARPATTY
          ABU PATH
          PS NAGAON
          PS SADAR
          DIST NAGAON
          ASSAM
          782001

          2:MD. MOINUL HUSSAIN
          S/O. MOMIM HUSSAIN.
          RESIDENT OF VILLAGE FAUDARPATTY
          ABU PATH
           PS NAGAON
          PS SADAR
           DIST NAGAON
          ASSAM
           782001
           3:MD. ABU KABIL BHUYAN

          S/O HAZI ABDUL SAHID

          VILLAGE CHINAPATTY
          AZAD NAGAR
          BYE LANE 1
          PS SADAR
                                                            Page No.# 2/4

DIST NAGAON
ASSAM
782435
4:MD. ANWAR HUSSAIN
S/O ZAHED ALI

VILLAGE HEDAYAT NAGAR
WARD NO 13

PS SADAR
DIST NAGAON
ASSAM
7782001
------------

Advocate for : MR. S K GOSWAMI Advocate for : MR. M TALUKDAR appearing for MRS REBIA BEGUM AND 3 ORS

Linked Case : MACApp./538/2022

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

VERSUS

MRS REBIA BEGUM AND 3 ORS WD. MOINUL HUSSAIN. RESIDENT OF VILLAGE FAUDARPATTY, ABU PATH, PS NAGAON,PS SADAR, DIST NAGAON, ASSAM, 782001

2:MD. MOINUL HUSSAIN S/O. MOMIM HUSSAIN.

RESIDENT OF VILLAGE FAUDARPATTY ABU PATH PS NAGAON PS SADAR DIST NAGAON ASSAM 782001

3:MD. ABU KABIL BHUYAN S/O HAZI ABDUL SAHID VILLAGE CHINAPATTY AZAD NAGAR BYE LANE 1 Page No.# 3/4

PS SADAR DIST NAGAON ASSAM 782435

4:MD. ANWAR HUSSAIN S/O ZAHED ALI VILLAGE HEDAYAT NAGAR WARD NO 13

PS SADAR DIST NAGAON ASSAM 778200

Advocate for the Petitioner : MR. S K GOSWAMI

Advocate for the Respondent : MR. M TALUKDAR

BEFORE HON'BLE MRS. JUSTICE MITALI THAKURIA

22/08/2022

Heard Mr. S K Goswami, learned counsel for the applicant and Mr. M Talukdar, learned counsel for the respondent/opposite party Nos. 1 & 2.

This application has been filed for staying the operation of the impugned judgment and award dated 01.10.2016 passed by the learned Member, MACT, Nagaon in MACT Case No. 570/2014.

Mr. S K Goswami, learned counsel for the applicant has submitted that the judgment and award passed by the Tribunal is not legally sustainable for playing fraud for illegal gain, as the driver of the motor cycle bearing registration No. AS-01/ZH-2787, namely, Anowar Hussain, opposite party/respondent No. 4 has been found to be driver of different vehicles and involved in various MAC cases.

It is also submitted by Mr. S K Goswami, learned counsel for the applicant that FIR has also been filed in such cases.

Page No.# 4/4

However, Mr. M Talukdar, learned counsel for the opposite party/respondents has submitted that the fraud as alleged by the applicant's counsel has not yet been proved and the opposite parties/respondents has not claimed any interim compensation out of the awarded amount at this stage.

In view of the above and in the interest of justice, as the appeal is already admitted for hearing, the impugned judgment and award dated 01.10.2016 passed by the learned Member, MACT, Nagaon in MACT Case No. 570/2014 is hereby stayed till disposal of the connected appeal.

Accordingly, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant