Oriental Insurance Company Ltd vs Fatima Bibi Mozumder And 3 Ors
2022 Latest Caselaw 2437 Gua

                                                              Page No.# 1/3

GAHC010134392022




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

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

         ORIENTAL INSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI
         GS ROAD
         ULUBARI
         GUWAHATI 781007
         REPRESENTED BY THE ASSTT. MANAGER
         GUWAHATI 781005


          VERSUS

         FATIMA BIBI MOZUMDER AND 3 ORS
         W/O ABDUS SAHID MAZUMDER RESIDENT OF VILLAGE BANGRAM
          BHAGA BAZAR
          PO BHAGA BAZAR
          PS DHOLAI
          DIST CACHAR
         ASSAM 788120

         2:SALMAN MAZUMDER
         S/O ABDUS SAHID MAZUMDER
         RESIDENT OF VILLAGE BANGRAM
          BHAGA BAZAR
          PO BHAGA BAZAR
          PS DHOLAI
          DIST CACHAR
         ASSAM 788120
          3:JABIR HUSSAIN MAZUMDER
         S/O AFTAB UDDIN MAZUMDER
         RESIDENT OF VILLAGE NARAINPUR
          PO BIDYARATANPUR
          PS DHOLAI
          DIST CACHAR
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             ASSAM
             788120
              4:ABDUL MUNIM
             S/O LATE ABDUL SATTAR

             RESIDENT OF MADHURBOND
             PO MADHURBOND
             PS SILCHAR
             DIST CACHAR
             ASSAM. 788001
             ------------
             Advocate for : MS. R D MOZUMDAR
             Advocate for : appearing for FATIMA BIBI MOZUMDER AND 3 ORS



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 22.07.2022

Heard Ms. R. D. Mozumdar, the learned counsel appearing on behalf of the Applicant.

This is an application for stay of the Judgment and Award dated 07.04.2022 passed by the learned Member, MACT, Cachar, Silchar, in M.A.C. Case No.289/2019.

The appeal has already been admitted by this Court. Taking into account the submission of the learned counsel appearing on behalf of the applicant that while making the required deductions, 50% ought to have been deducted

instead of 1/3rd and the learned counsel appearing on behalf of the applicant submits that if 50% is deducted, then the awarded amount ought to have been Rs.26,45,136/-. Under such circumstances, this Court deems it proper to stay the impugned Judgment and Award dated 07.04.2022 passed in M.A.C. Case No.289/2019 by the learned Member, MACT, Cachar, Silchar subject to deposit of Rs.26,45,136/- alongwith interest @ 6.75% with effect from 06.06.2019 before Page No.# 3/3

the Registry of this Court.

The Registry shall permit the Respondent No.1 to withdraw the 50% of the said amount deposited and the remaining 50% shall be kept in the form of fixed deposit in the name of the Respondent No. 1 for a period of 5 years.

With above observations and directions, the instant Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant