The Oriental Insurance Co. Ltd vs Smti Sangita Das And 5 Ors
2022 Latest Caselaw 894 Gua

                                                              Page No.# 1/3

GAHC010004622019




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

                          Case No. : I.A.(Civil)/667/2022

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


          VERSUS

         SMTI SANGITA DAS AND 5 ORS
         W/O LATE GAURAV DAS
         R/O VILL. NO. 1 CHATAICHAPARI
         P.O. KALIABHUMURAH
         MOUZA MAHABHAIRAB
         P.S. TEZPUR
         DIST. SONITPUR
         ASSAM.

         2:GUNUMONI DAS
         S/O LATE GOPAL DAS
          R/O VILL. NO. 1 CHATAICHAPARI
          P.O. KALIABHUMURAH
          MOUZA MAHABHAIRAB
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM.
          3:SMTI LAKHI DAS
         W/O SRI GUNUMONI DAS
          R/O VILL. NO. 1 CHATAICHAPARI
          P.O. KALIABHUMURAH
          MOUZA MAHABHAIRAB
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM.
                                                                                          Page No.# 2/3

             4:ANANTA DAS
             S/O LATE GAURAV DAS
             RESPONDENT NO. 4 IS REPRESENTED BY HIS MOTHER SMTI SANGITA DAS
             RESPONDENT NO. 1
             R/O VILL. NO. 1 CHATAICHAPARI
             P.O. KALIABHUMURAH
             MOUZA MAHABHAIRAB
             P.S. TEZPUR
             DIST. SONITPUR
             ASSAM.
             5:AJAY SINGH
             S/O SRI RAJDEV SINGH
             R/O CINNAMORAH
             P.O. AND P.S. CHINNAMORAH
             DIST. JORHAT
             ASSAM.
             6:RAJMONGOL RAI
             S/O PRABHU RAI
             R/O VILL. CIVIL GATE
             JAIL ROAD
             P.S. JORHAT
             DIST. JORHAT
             ASSAM.
             ------------
             Advocate for : MR. S K GOSWAMI
             Advocate for : MR. P SUNDI appearing for SMTI SANGITA DAS AND 5 ORS

                                      BEFORE
                          HONOURABLE MR. JUSTICE NANI TAGIA

                                               ORDER

Date : 14.03.2022

Heard Mr. S. K. Goswami, learned counsel, appearing on behalf of the applicant/Insurance Company. Also heard Mr. A. Biswas, learned counsel, appearing on behalf of opposite parties No. 1 to 4.

This is an application praying for stay of the operation of the impugned judgment and award, dated 06.07.2018, passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Case No. 57/2016(D), whereby compensation to the tune of Rs. 8,73,374/- along with interest @ 6% p.a., has been awarded to the opposite parties No. 1 to 4/claimants.

Page No.# 3/3

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 06.07.2018, passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Case No. 57/2016(D), shall remain stayed 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.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant