Oriental Insurance Co. Ltd vs Md. Rubul Hussain And Anr
2022 Latest Caselaw 2448 Gua

                                                                  Page No.# 1/2

GAHC010002812015




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

                        Case No. : I.A.(Civil)/2039/2022



         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
         ROAD
         NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7
         REPRESENTED BY THE REGIONAL MANAGER


          VERSUS

         MD. RUBUL HUSSAIN and ANR

         /O MD. HAZRAT ALI
          SARUMATARIA
          P.S. DISPUR
          GUWAHATI
          DIST. KAMRUP
          ASSAM
          PIN 781005

         2:MRIDUJIT BARMAN
         S/O SRI MANAPATI BARMAN
         VILL.PANJABARI
          BATAHGHULI
          GUWAHATI
          PIN 781022 OTHER ADDRESS VILL. and P.O. ARARA
          DIST. NALBARI
         ASSAM OWNER CUM DRIVER OF VEHICLE NO. AS-01-AA-1657
          ------------
         Advocate for : MR S DUTTA
         Advocate for : appearing for MD. RUBUL HUSSAIN and ANR
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 22.07.2022

Heard Mr. Sidhant Dutta, the learned counsel appearing on behalf of the Applicant.

The Interlocutory Application is filed for stay of the operation of the Judgment and Award dated 19.11.2014 passed by the learned Additional District Judge No.2 cum Member, Motor Accident Claims Tribunal, Kamrup (Metro), Guwahati in MAC Case No.1529/2008.

A perusal of the award shows that an amount of Rs.9,000,00/- alongwith interest @ 6% per annum from the date of filing the claim petition i.e. 11.07.2008 till payment was awarded.

Taking into account the submissions made by the learned counsel for the applicant that the amount of Rs.72,000/- ought not to have been awarded on account of the loss of earnings. The impugned judgment and decree is stayed subject to deposit of Rs.8,24,499/- alongwith interest @ 6% from the date of filing of the claim petition i.e. 11.07.2008 within 22.09.2022 before the Registry of this Court.

The claimant shall be entitled to withdraw the said amount by filing appropriate application before the Registry of this Court.

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

JUDGE

Comparing Assistant