Oriental Insurance Company ... vs Abdul Barek And 4 Ors
2022 Latest Caselaw 1989 Gua

                                                                   Page No.# 1/4

GAHC010312122019




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

                         Case No. : I.A.(Civil)/427/2020

         ORIENTAL INSURANCE COMPANY LIMITED
         HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI-
         781007, KAMRUP(M), ASSAM, REPRESENTED BY THE DEPUTY MANAGER,
         REGIONAL OFFICE AT GUWAHATI.



         VERSUS

         ABDUL BAREK AND 4 ORS
         S/O LT. ABDUL KARIM, RESIDENT OF RAMPUR SATRA, P.O. AND P.S.
         BATADRAVA, DISTRICT. NAGAON, ASSAM

         2:MISS RAHIMA KHATUN
          D/O LT. ABDUL KARIM
          RESIDENT OF RAMPUR SATRA
          P.O. AND P.S. BATADRAVA
          DISTRICT. NAGAON
         ASSAM. PIN 782122

         3:MISS SAHINA KHATUN
          D/O LT. ABDUL KARIM
          RESIDENT OF RAMPUR SATRA
          P.O. AND P.S. BATADRAVA
          DISTRICT. NAGAON
         ASSAM. PIN 782122

         4:MD. ABDUL SATTAR
          S/O ABDUL HASEN
          RESIDENT OF DHUPGURI PATHAR
          P.O. DHUPGURI P.S. DHING
          DISTRICT. NAGAON
         ASSAM. PIN 782122
                                                    Page No.# 2/4

          5:MAZIDUL ISLAM
           S/O ABDUL AZIZ
           RESIDENT OF LALUNG GAON
           P.O. LALUNG GAON P.S. BATADRAVA
           DISTRICT. NAGAON
          ASSAM. PIN 78212

Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. M DUTTA

           Linked Case : MACApp./64/2020

          ORIENTAL INSURANCE COMPANY LIMITED
          HAVING ITS REGIONAL OFFICE AT GUWAHATI
          ULUBARI
          GUWAHATI- 781007
          KAMRUP(M)
          ASSAM
          REPRESENTED BY THE DEPUTY MANAGER
          REGIONAL OFFICE AT GUWAHATI.

           VERSUS

          ABDUL BAREK AND 4 ORS
          S/O LT. ABDUL KARIM
          RESIDENT OF RAMPUR SATRA
          P.O. AND P.S. BATADRAVA
          DISTRICT. NAGAON
          ASSAM. PIN 782122.

          2:MISS RAHIMA KHATUN
          D/O LT. ABDUL KARIM
           RESIDENT OF RAMPUR SATRA
           P.O. AND P.S. BATADRAVA
           DISTRICT. NAGAON
          ASSAM. PIN 782122
           3:MISS SAHINA KHATUN
          D/O LT. ABDUL KARIM
           RESIDENT OF RAMPUR SATRA
           P.O. AND P.S. BATADRAVA
           DISTRICT. NAGAON
          ASSAM. PIN 782122
           4:MD. ABDUL SATTAR
          S/O ABDUL HASEN
           RESIDENT OF DHUPGURI PATHAR
           P.O. DHUPGURI P.S. DHING
           DISTRICT. NAGAON
                                                                        Page No.# 3/4

           ASSAM. PIN 782122
           5:MAZIDUL ISLAM
           S/O ABDUL AZIZ
           RESIDENT OF LALUNG GAON
           P.O. LALUNG GAON P.S. BATADRAVA
           DISTRICT. NAGAON
           ASSAM. PIN 782122
           ------------
           Advocate for : MS. R D MOZUMDAR
           Advocate for : appearing for ABDUL BAREK AND 4 ORS

                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 06.06.2022

Heard Ms. R. D. Mozumdar, learned counsel for the applicant/ Insurance Company. Also heard Mr. M. Dutta, learned counsel for Opposite Parties No. 1, 2 & 3/claimants.

This is an application praying for stay of the operation of the impugned judgment and award, dated 20.09.2019, passed by the learned Member, MACT, Nagaon, in MAC Case No. 467/2016, whereby compensation to the tune of Rs. 9,40,000/- along with interest @ 7% p.a., has been awarded to the opposite parties No. 1 to 3/claimants.

Upon hearing the learned counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment and award, dated 20.09.2019, passed by the learned Member, MACT, Nagaon, in MAC Case No. 467/2016, shall remain stayed subject to deposit of 25% 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 at liberty to withdraw the deposited amount, in question, on being properly identified by the engaged counsel and 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