Oriental Insurance Co. Ltd vs Simanta Hazuary And 2 Ors
2022 Latest Caselaw 1926 Gua

                                                                    Page No.# 1/3

GAHC010099982022




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

                             Case No. : MACApp./285/2022

           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

           SIMANTA HAZUARY AND 2 ORS.
           S/O LATE JOGE RAM HAZUARY,
           RESIDENT OF VILLAGE DHARBAN, PO DHUPGURI, PS KHETRI, DIST
           KAMRUP, ASSAM, 782403

           2:SRI BIKI HAZUARY
            S/O LATE JOGE RAM HAZUARY

           RESIDENT OF VILLAGE DHARBAN
           PO DHUPGURI
           PS KHETRI
           DIST KAMRUP
           ASSAM
           782403

           3:MD. NAZRUL ISLAM
            S/O LATE ANUWAR HUSSAIN
           VILLAGE TEHALI CHARIALI
            PS DHARAMTOL
            DIST MORIGAON
           ASSAM
            78241

Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent :
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             Linked Case : I.A.(Civil)/1543/2022

             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

             SIMANTA HAZUARY AND 2 ORS.
             S/O LATE JOGE RAM HAZUARY
             RESIDENT OF VILLAGE DHARBAN
             PO DHUPGURI, PS KHETRI
             DIST KAMRUP, ASSAM, 782403

             2:SRI BIKI HAZUARY
             S/O LATE JOGE RAM HAZUARY
             RESIDENT OF VILLAGE DHARBAN
              PO DHUPGURI, PS KHETRI
              DIST KAMRUP, ASSAM, 782403

             3:MD. NAZRUL ISLAM
             S/O LATE ANUWAR HUSSAIN
             VILLAGE TEHALI CHARIALI
             PS DHARAMTOL
             DIST MORIGAON, ASSAM, 782412
             ------------
             Advocate for : MR SISHIR DUTTA
             Advocate for : appearing for SIMANTA HAZUARY AND 2 ORS.


                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                            ORDER

01-06-2022

Heard Ms. M. Choudhury, learned counsel representing the appellant/applicant. The appeal, under Section 173 of the Motor Vehicles Act, 1988, is preferred challenging the Judgment and Award dated 29-03-2022, passed by the learned Page No.# 3/3

Member, Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati, in MAC Case No. 960 of 2016.

The appeal is admitted for hearing.

Issue notice.

Call for the LCR.

The appellant/applicant shall, within five days from today, take steps for service of notice upon the respondents, by registered post with A/D Card as well as under usual process.

Considering the matter in its entirety it is directed that subject to deposit of 50% of the amount awarded vide the Judgment and Award aforementioned with the Registry of this Court, within six weeks from the date of this order, the execution of the impugned judgment and award aforementioned shall remain stayed.

However, the claimants/respondents on their appearance before this Court may pray for release of the 50% amount to be deposited with the Registry of this Court and approach this Court for modification/alteration/vacation of the order for stay.

List this appeal together with the connected interlocutory application after four weeks after service of notice is complete.

JUDGE

Comparing Assistant