The Oriental Insurance Co. Ltd vs Chitralekha Biswasi And 4 Ors
2022 Latest Caselaw 1916 Gua

                                                                Page No.# 1/3

GAHC010058912019




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

                        Case No. : I.A.(Civil)/1492/2022

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI-7.

          VERSUS

         CHITRALEKHA BISWASI AND 4 ORS
         - W/O- LATE MONOJ KUMAR BISWASI @ MANOJ KR. BISWASI
          R/O- HOUSE NO. 40
          FATASHIL KAILASHPUR
          P.O. AND P.S. BHARALUMUKH
          GUWAHATI-09
          DIST.- KAMRUP(M)
          ASSAM.

         2:SRI SUBRAT JYOTI BISWASI
         S/O- LATE MONOJ KUMAR BISWASI @ MANOJ KR. BISWASI
          R/O- HOUSE NO. 40
          FATASHIL KAILASHPUR
          P.O. AND P.S. BHARALUMUKH
          GUWAHATI-09
          DIST.- KAMRUP(M)
         ASSAM.
          3:MANJIT BISWASI S/O- LATE MONOJ KUMAR BISWASI @ MANOJ KR.
         BISWASI
          R/O- HOUSE NO. 40
          FATASHIL KAILASHPUR
          P.O. AND P.S. BHARALUMUKH
          GUWAHATI-09 DIST.- KAMRUP(M)
         ASSAM. (RESPONDENT NO. 2 AND 3 ARE MINORS REP. BY BY THEIR
         MOTHER I.E. RES. NO. 1).
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              4:SRI ANIL KUMAR RAYS/O Late B. Ray
              R/O I.B. Hospital P.O. Searsol Rajbari
              Raniganj Dist. - Burdwan West Bengal Pin - 713358

           5:MITHILES GIRI S/O Jaganath Giri R/O Village Becharhat Sripally
           Dist. - Burdwan West Bengal Pin - 713101
           ------------
           Advocate for : MR. S K GOSWAMI
           Advocate for : appearing for CHITRALEKHA BISWASI AND 4 ORS

                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                            ORDER

Date : 01.06.2022

Heard Mr. R. Sharma, learned counsel, appearing on behalf of the applicant/Insurance Company. Also heard Mr. D. Mondal, learned counsel, appearing on behalf of opposite parties No. 1 to 3/claimants.

This is an application praying for stay of the operation of the impugned judgment and award, dated 01.12.2018, passed by the learned Member, MACT No. 1, Kamrup, Guwhati, in MAC Case No. 57/2013, whereby compensation to the tune of Rs. 52,50,000/- along with interest @ 7% p.a., has been awarded to the opposite parties No. 1 to 3/claimants.

Upon hearing the learned counsel for the applicant/ Insurance Company and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 01.12.2018, passed by the learned Member, MACT No. 1, Kamrup, Guwahati, in MAC Case No. 57/2013, shall remain stayed subject to deposit of 75% of the awarded amount by the applicant/ Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

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On such deposit being made by the applicant/Insurance Company, the opposite parties No. 1 to 3/claimants shall be allowed to withdraw the deposited amount, in question, on furnishing an indemnity bond(s) by the opposite parties No. 1 to 3/claimants on being properly identified and also by following the due process of identification as notified by the Registry of this Court, from time to time.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant