Oriental Insurance Company ... vs Smti Trishna Deka And 3 Ors
2022 Latest Caselaw 442 Gua

                                                                     Page No.# 1/3

GAHC010076942020




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

                                Case No. : MACApp./352/2021

            ORIENTAL INSURANCE COMPANY LIMITED
            S/O SRI DANESWAR SAIKIA, R/O NAMCHUBURI, PANBARI, P.O.
            DHEKIAJULI, DIST. SONITPUR, ASSAM-784110



            VERSUS

            SMTI TRISHNA DEKA AND 3 ORS
            S/O SRI DANESWAR SAIKIA, R/O NAMCHUBURI, PANBARI, P.O.
            DHEKIAJULI, DIST. SONITPUR, ASSAM-784110

            2:NIHAR UJIR
            W/O- LT. RAJANI KANTA UJIR
             R/O- VILL- KUROBAHA
             P.S. AND DIST.- BARPETA
            ASSAM

            3:SAIFUL ISLAM
             S/O- ISAB ALI
             R/O- VILL- BALAVITHA
             P.S. BARPETA ROAD
             DIST.- BARPETA
            ASSAM
             (OWNER OF THE TRACTOR BEARING REGISTRATION NO. AS-15AC-1561

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MR. A HUSSAIN
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              Linked Case : I.A.(Civil)/2238/2021

             ORIENTAL INSURANCE COMPANY LIMITED
             HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE
             A-25/27
             ASAF ALI ROAD
             NEW DELHI- 110002
             AND REGIONAL OFFICE AT GHY-7
             REP. BY THE REGIONAL MANAGER


              VERSUS

             SMTI TRISHNA DEKA AND 3 ORS
             W/O- LT. BIJON KUMAR UJIR
             R/O- VILL- KUROBAHA
             P.S. AND DIST.- BARPETA
             ASSAM

             2:NIHAR UJIR
             W/O- LT. RAJANI KANTA UJIR
              R/O- VILL- KUROBAHA
              P.S. AND DIST.- BARPETA
             ASSAM
              3:SAIFUL ISLAM
             S/O- ISAB ALI
              R/O- VILL- BALAVITHA
              P.S. BARPETA ROAD
              DIST.- BARPETA
             ASSAM
              (OWNER OF THE TRACTOR BEARING REGISTRATION NO. AS-15AC-1561)
              ------------
             Advocate for : MR. S DUTTA
             Advocate for : MR. A HUSSAIN appearing for SMTI TRISHNA DEKA AND 3 ORS



                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                               ORDER

Date : --09.02.2022 Heard Mr. S. Dutta, learned counsel appearing for the appellant. Also heard Mr. A. Dasgupta, learned counsel for the respondent Nos. 1 & 2 and Mr. A. Hussain, learned counsel for the respondent No. 4. The applicant has filed this petition for stay of the operation under Order XLI Rule 5 of the Code of Civil Procedure, 1908 of the impugned judgment and award dated 19.07.2019 passed by the learned Member, MACT, Barpeta in MAC Case No. 17/2019.

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The other side has no objection in staying the operation of the impugned judgment and award. Accordingly, the operation of the impugned judgment and award dated 19.07.2019 passed by the learned Member, MACT, Barpeta in MAC Case No. 17/2019 is stayed subject to payment of 50% of the awarded amount by the Insurance Company before the Registry. The Insurance Company shall deposit the amount within 6 (six) weeks before the Registry from today. The I.A.(C) is disposed of.

JUDGE

Comparing Assistant