Gauhati High Court
Oriental Insurance Company ... vs Sri Niranjan Bora And 3 Ors on 12 May, 2022
Page No.# 1/4
GAHC010087762022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./234/2022
ORIENTAL INSURANCE COMPANY LIMITED
HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
ROAD, NEW DELHI- 110002, AND REGIONAL OFFICE AT GHY-7, REP. BY
THE REGIONAL MANAGER
VERSUS
SRI NIRANJAN BORA AND 3 ORS
S/O- LT GUNA KANTA BORA, R/O- VILL- NAZIRAKHAT, KARCHIA, P.O.
TEPESIA, P.S. SONAPUR, KHETRI, DIST- KAMRUP (M), ASSAM, PIN- 782402
2:DHRUBAJIT BORA
S/O- SRI NIRANJAN BORA
R/O- VILL- NAZIRAKHAT
KARCHIA
P.O. TEPESIA
P.S. SONAPUR
KHETRI
DIST- KAMRUP (M)
ASSAM
PIN- 782402
3:MD. AIDAR ALI
S/O- LT D. ALI
H.NO. 34
WARD NO. 49
IN FRONT OF DHRUBO KANTA
NORTH EAST GEETANAGAR
P.S. NOONMATI
GHY
DIST- KAMRUP (M)
ASSAM
Page No.# 2/4
PIN- 781020
(OWNER OF VEHICLE NO. AS-01/CC-3767 (TRUCK))
4:DHARMENDRA SINGH
S/O SURAJ SINGH
R/O- B.G.POINT
NEW GUWAHATI
P.S. NOONMATI
DIST- KAMRUP (M)
ASSAM
(DRIVER OF VEHICLE NO. AS-01/CC-3767 (TRUCK)
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent : MR. R DEKA
Linked Case : I.A.(Civil)/1341/2022
ORIENTAL INSURANCE COMPANY LIMITED
HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE
A-25/27
ASAF ALI ROAD
NEW DELHI- 110002
AND REGIONAL OFFICE AT GHY-7
REP. BY THE REGIONAL MANAGER
VERSUS
SRI NIRANJAN BORA AND 3 ORS
S/O- LT GUNA KANTA BORA
R/O- VILL- NAZIRAKHAT
KARCHIA
P.O. TEPESIA
P.S. SONAPUR
KHETRI
DIST- KAMRUP (M)
ASSAM
PIN- 782402
2:DHRUBAJIT BORA
S/O- SRI NIRANJAN BORA
Page No.# 3/4
R/O- VILL- NAZIRAKHAT
KARCHIA
P.O. TEPESIA
P.S. SONAPUR
KHETRI
DIST- KAMRUP (M)
ASSAM
PIN- 782402
3:MD. AIDAR ALI
S/O- LT D. ALI
H.NO. 34
WARD NO. 49
IN FRONT OF DHRUBO KANTA
NORTH EAST GEETANAGAR
P.S. NOONMATI
GHY
DIST- KAMRUP (M)
ASSAM
PIN- 781020
(OWNER OF VEHICLE NO. AS-01/CC-3767 (TRUCK))
4:DHARMENDRA SINGH
S/O SURAJ SINGH
R/O- B.G.POINT
NEW GUWAHATI
P.S. NOONMATI
DIST- KAMRUP (M)
ASSAM
(DRIVER OF VEHICLE NO. AS-01/CC-3767 (TRUCK))
------------
Advocate for : MR SISHIR DUTTA
Advocate for : MR. R DEKA appearing for SRI NIRANJAN BORA AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 12.05.2022
Heard Mr. A. Dutta, learned senior counsel for the appellant and Mr. R. Deka,
learned counsel for the opposite party No.1 and 2.
This is an application filed under Order XLI Rule 5 of the Code of Civil
Procedure, 1908, praying for stay of the operation of the impugned judgment & award
Page No.# 4/4
dated 27.02.2019, passed by the learned Member, MACT No.2, Kamrup(M), in MAC
Case No.1439/2017, whereby an amount of Rs.2,42,259/-(Rupees Two lakhs forty two
thousand two hundred and fifty nine only) along with an interest @ 1% per annum
have been awarded as compensation to be paid to the opposite party Nos.1 and
2/claimants.
Upon hearing the learned counsels for the parties, it is provided that the
impugned judgment and award dated 27.02.2019, passed by the learned Member,
MACT No.2, Kamrup(M), in MAC Case No.1439/2017, shall remain stayed, subject to
the applicant/appellant depositing 50% of the aforesaid awarded amount before the
Registry of this Court, within a period of 6(six) weeks from today. As and when such
deposit is made by the applicant/appellant, the opposite party Nos.1 and 2/claimants
shall be at liberty to withdraw the deposited amount on being identified by the
engaged counsel, as well as by following the procedure prescribed for such withdrawal
as notified by the Registry of this Court from time to time. While withdrawing the
aforesaid amount, the opposite party Nos.1 and 2 shall furnish a bond.
The I.A. stands disposed of.
JUDGE
Comparing Assistant
