Page No.# 1/3 vs Dulali Begum And 7 Ors
2022 Latest Caselaw 2109 Gua

                                                         Page No.# 1/3

GAHC010071502022




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

         I.A.(Civil)/1707/2022

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


          VERSUS

         DULALI BEGUM AND 7 ORS.
         W/O LATE SAHJAHAN ALI @ SAJAHAN ALI
         RESIDENT OF KHAPUNIKUCHI
         PO KALITAKUCHI
         PS HAJO
         DIST KAMRUP
         ASSAM 781102

         2:MD. MOHIBAR ALI
         S/O LATE SAHJAHAN ALI
         RESIDENT OF KHAPUNIKUCHI
          PO KALITAKUCHI
          PS HAJO
          DIST KAMRUP
         ASSAM 781102
         BEING MINOR
         TO BE REPRESENTED BY RES. NO. 1
          3:MISS SAJIDA BEGUM
         D/O LATE SAHJAHAN ALI
         RESIDENT OF KHAPUNIKUCHI
          PO KALITAKUCHI
          PS HAJO
          DIST KAMRUP
         ASSAM 781102
         BEING MINOR
                                   Page No.# 2/3

TO BE REPRESENTED BY RES. NO. 1
4:MISS AJIRAN BEGUM
D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
PO KALITAKUCHI
PS HAJO
DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1
5:MISS MAJIDA BEGUM
D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
PO KALITAKUCHI
PS HAJO
DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1
6:MISS ABEDA BEGUM
D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
PO KALITAKUCHI
PS HAJO
DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1
7:MUSSTT. SWABJAN BIBI
W/O LATE DAROG ALI
RESIDENT OF KHAPUNIKUCHI
PO KALITAKUCHI
PS HAJO
DIST KAMRUP
ASSAM 781102
8:SRI PANKAJ KUMAR DAS
S/O DHARANI DHAR DAS

RESIDENT OF HOUSE NO. 2
BARAK LODGE
NABA MILAN PATH
LAST GATE
DISPUR
GUWAHATI 06
DIST KAMRUP M ASSAM
9:MD. RAJAT ALI
S/O K. ALI
VILLAGE AND PO BHELLA
                                                                             Page No.# 3/3

             PS AND DIST BARPETA
             ASSAM 781309
             ------------
             Advocate for : MR. S K GOSWAMI
             Advocate for : appearing for DULALI BEGUM AND 7 ORS.



                                  BEFORE
                 HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

13-06-2022

Mr. S.K. Goswami, learned counsel represents the appellant. This interlocutory application has been filed for stay of the Judgment and Award dated 14-02-2022, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup(M), Guwahati, in MAC Case No. 541 of 2017 and 595 of 2017.

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.

On deposit of such amount, the same be released in favour of the claimants/respondents after observing required formalities by the Registrar General of this Court.

The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant