Gauhati High Court
The Oriental Insurance Company ... vs Smti. Lakhi Malakar And 2 Ors on 8 June, 2022
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GAHC010251852019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1624/2022
THE ORIENTAL INSURANCE COMPANY LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
REPRESENTED BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7
DIST-KAMRUP
ASSAM
VERSUS
SMTI. LAKHI MALAKAR AND 2 ORS
W/O SRI MONORANJAN LAHKAR
R/O VILL-NORTH HURUA
P.O.-HURUA
DIST-NORTH TRIPURA
TRIPURA
P/R/A VILL-SILCOORIE CAMP
P.O.-SICOORIE
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788001
2:MONORANJAN MALAKAR
S/O LATE NARENDRA MALAKAR
R/O VILL-NORTH HURUA
P.O.-HURUA
DIST-NORTH TRIPURA
TRIPURA
P/R/A VILL-SILCOORIE CAMP
P.O.-SICOORIE
P.S.-SILCHAR
DIST-CACHAR
ASSAM
Page No.# 2/5
PIN-788001
3:SAJAL MALAKAR
S/O LATE GOPAL MALAKAR
R/O BAGAN
KADAMTALA
P.O. AND P.S.-DHARMANAGAR
DIST-NORTH TRIPURA
TRIPURA
PIN-799250
------------
Advocate for : MR. S K GOSWAMI
Advocate for : MS. M BARUAH appearing for SMTI. LAKHI MALAKAR AND 2 ORS
Linked Case : MACApp./311/2022
THE ORIENTAL INSURANCE COMPANY LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT,
1956, REPRESENTED BY ITS REGIONAL MANAGER,
ULUBARI, GUWAHATI-7, DIST-KAMRUP, ASSAM
VERSUS
SMTI. LAKHI MALAKAR AND 2 ORS
W/O SRI MONORANJAN LAHKAR, R/O VILL-NORTH HURUA,
P.O.-HURUA, DIST-NORTH TRIPURA, TRIPURA, P/R/A VILL-
SILCOORIE CAMP, P.O.-SICOORIE, P.S.-SILCHAR, DIST-
CACHAR, ASSAM, PIN-788001
2:MONORANJAN MALAKAR
S/O LATE NARENDRA MALAKAR
R/O VILL-NORTH HURUA
P.O.-HURUA
DIST-NORTH TRIPURA
TRIPURA
P/R/A VILL-SILCOORIE CAMP
P.O.-SICOORIE
P.S.-SILCHAR
DIST-CACHAR
ASSAM
PIN-788001
3:SAJAL MALAKAR
S/O LATE GOPAL MALAKAR
R/O BAGAN
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KADAMTALA
P.O. AND P.S.-DHARMANAGAR
DIST-NORTH TRIPURA
TRIPURA
PIN-79925
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : MS. M BORUAH
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 08.06.2022
Heard Mr. S. K. Goswami, learned counsel for the applicant/ Insurance
Company. Also heard Mr. M. Talukdar, learned counsel for Opposite Parties No. 1
& 2/claimants.
This is an application praying for stay of the operation of the judgment
and award, dated 12.06.2019, passed by the learned Member, MACT, Cachar at
Silchar in MAC Case No. 224/2014, whereby a compensation to the tune of Rs.
3,70,000/- along with interest @ 7% p.a. from the date of filing of the claim
petition till full and final payment by the applicant/Insurance Company, has been
awarded to the opposite parties No. 1 & 2/claimants.
Issue notice, returnable in 6 weeks.
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As Mr. Talukdar, learned counsel, has accepted notice on behalf of
Opposite Parties No. 1 & 2, no formal notice is required to be sent to the said
respondents. However, he shall be provided with the requisite extra copies of
this interlocutory application during the course of the day.
Learned counsel for the applicant/Insurance Company shall take necessary
steps for causing service of notice upon the respondent No. 3 by registered A/D
post as well as by usual process within a week from today.
After the notice is served on respondent No. 3, the respondent No.
3(owner of the offending vehicle) shall furnish an indemnity bond.
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, 12.06.2019, passed by the learned Member,
MACT, Cachar at Silchar in MAC Case No. 224/2014, shall remain stayed till
disposal of the connected appeal being MAC.A. 311/2022, subject to deposit of
50% of the awarded amount by the applicant/Insurance Company before the
Registry of this Court, within a period of 6(six) weeks from today.
Upon such deposit being made by the applicant/Insurance Company,
without waiting for the indemnity bond to be furnished by the respondent No.
3(owner of the offending vehicle); the opposite parties No. 1 & 2/claimants shall
be allowed to withdraw the deposited amount, in question, on furnishing an
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indemnity bond(s) by the opposite parties No. 1 & 2/claimants and after
properly identified by the engaged counsel by following the due process of
identification as notified by the Registry of this Court, from time to time.
List this interlocutory application along with the connected MAC.A.
311/2022 after 6 weeks.
JUDGE
Comparing Assistant
