The Oriental Insurance Company ... vs Md Shahid Jaman Choudhury And Anr
2022 Latest Caselaw 2332 Gua

                                                                     Page No.# 1/3

GAHC010218382021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
                            I.A.(Civil)/2217/2021

         THE ORIENTAL INSURANCE COMPANY LTD
         A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS GAUHATI REGIONAL
         OFFICE AT GUWAHATI. ULUBARI
         KAMRUP M
         REPRESENTED BY THE DEPUTY GENERAL MANAGER. GAUHATI REGIONAL
         OFFICE
         ULUBARI
         GUWAHATI 781007 KAMRUP M ASSAM


         VERSUS

         MD SHAHID JAMAN CHOUDHURY AND ANR
         S/O LATE LALMAMUD ALI
         VILLAGE NO. 3 LARKUCHI
         PS MUKALMUA
         DIST NALBARI
         ASSAM
         781138

         2:MD. JAKIR HUSSAIN
         S/O LATE RAHMAT ALI
         VILLAGE NO. 3 LARKUCHI
          PS MUKALMUA
          DIST NALBARI
         ASSAM
          781138
         OWNER/DRIVER
          ------------
         Advocate for : MS. R D MOZUMDAR
         Advocate for : MR. J KALITA appearing for MD SHAHID JAMAN CHOUDHURY
         AND ANR

                         In Case No. : MACApp./344/2021
                                                                           Page No.# 2/3

            THE ORIENTAL INSURANCE COMPANY LTD
            A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS GAUHATI
            REGIONAL OFFICE AT GUWAHATI. ULUBARI, KAMRUP M, REPRESENTED
            BY THE DEPUTY GENERAL MANAGER. GAUHATI REGIONAL OFFICE
            ,ULUBARI, GUWAHATI 781007 KAMRUP M ASSAM


            VERSUS

            MD SHAHID JAMAN CHOUDHURY AND ANR
            S/O LATE LALMAMUD ALI, VILLAGE NO. 3 LARKUCHI, PS MUKALMUA,
            DIST NALBARI, ASSAM, 781138

            2:MD. JAKIR HUSSAIN
             S/O LATE RAHMAT ALI
            VILLAGE NO. 3 LARKUCHI
             PS MUKALMUA
             DIST NALBARI
            ASSAM
             781138
            OWNER/DRIVE

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. J KALITA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 18.07.2022

Heard Mrs. R. D. Mozumdar, the learned counsel appearing on behalf of the applicant and Mr. J. Kalita, the learned counsel appearing on behalf of the respondent No.1.

This is an application for stay of the judgment and award dated 27/9/2016 passed by the Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No.84/2014.

The connected appeal having been admitted, the impugned judgment and Page No.# 3/3

award dated 27/9/2016 passed in MAC Case No.84/2014 is stayed subject to deposit of 50% of the said amount within a period of 6(six) weeks from today.

The claimant shall be entitled to withdraw the said amount by filing necessary application before the Registry and also by submitting an indemnity bond.

The IA stands disposed off accordingly.

JUDGE

Comparing Assistant