Oriental Insurance Company Ltd vs Subham Jyoti Kalita And 2 Ors
2022 Latest Caselaw 409 Gua

                                                                       Page No.# 1/3

GAHC010004532019




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

                                Case No. : MACApp./48/2022

            ORIENTAL INSURANCE COMPANY 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

            SUBHAM JYOTI KALITA AND 2 ORS
            S/O- JYOTISH DAS R/O-VILL.- GOALPARA, TILAPARA, WARD NO. 8, P.O.-
            GOALPARA

            2:SARGAM JYOTI KALITA
             S/O- JYOTISH DAS
            R/O-VILL.- GOALPARA
            TILAPARA
            WARD NO. 8
             P.O.- GOALPARA

            3:RAM BABU CHOUDHURY
             S/O- SRI LAKSHMI CHOUDHURY
            OF BHARALI COMPLEX
             NEAR HOTEL PRIL
             ULUBARI
             GUWAHATI- 781007
             (OWNER OF TRUCK NO. AS-01/T-5617)

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MR H DAS
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            Linked Case : I.A.(Civil)/233/2022

            ORIENTAL INSURANCE COMPANY 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

            SUBHAM JYOTI KALITA AND 2 ORS.
            S/O- JYOTISH DAS R/O-VILL.- GOALPARA
            TILAPARA
            WARD NO. 8
            P.O.- GOALPARA

            2:SARGAM JYOTI KALITA
            S/O- JYOTISH DAS
            R/O-VILL.- GOALPARA
            TILAPARA
            WARD NO. 8
             P.O.- GOALPARA
             3:RAM BABU CHOUDHURY
            S/O- SRI LAKSHMI CHOUDHURY
            OF BHARALI COMPLEX
             NEAR HOTEL PRIL
             ULUBARI
             GUWAHATI- 781007
             (OWNER OF TRUCK NO. AS-01/T-5617).
             ------------
            Advocate for : MR. S DUTTA
            Advocate for : MR. S DUTTA appearing for SUBHAM JYOTI KALITA AND 2 ORS.



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : --08.02.2022 Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. H. Das, the learned counsel appearing for the respondent/claimant.

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Through this Interlocutory Application under Order XLI Rule V of the Code of Civil Procedure, 1908, the applicant prays to stay the operation of the impugned judgment and award dated 27.08.2021, passed by the learned Member, MACT Goalpara in MAC Case No. 17/2014.

Prayer is allowed.

Operation of the impugned judgment and award dated 27.08.2021, passed by the learned Member, MACT Goalpara in MAC Case No. 17/2014 is stayed subject to payment of 50% of the awarded amount of compensation by the Insurance Company before the Registry of this Court.

I.A stands disposed of.

JUDGE

Comparing Assistant