Oriental Insurance Company Ltd vs Soneshwari Devi And 2 Ors
2022 Latest Caselaw 4604 Gua

                                                                  Page No.# 1/3

GAHC010169902021




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

                         Case No. : I.A.(Civil)/1868/2021

         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7, REP.
         BY THE REGIONAL MANAGER.



         VERSUS

         SONESHWARI DEVI AND 2 ORS.
         W/O- LATE JIBAN NATH, R/O- VILL.- KHELMATIKALKALBHANGI, P.S.
         TEZPUR, DIST. SONITPUR, ASSAM AND PRESENT ADDRESS- VILL.-
         CHANDKUCHI, P.S. AND DIST.- NALBARI, ASSAM. (CLAIMANT NO. 1
         BEING THE WIFE OF THE DECEASED IS REPRESENTING THE CLAIMANT
         NO. 2 BEING HIS MOTHER.

         2:SUBMIT NATH
          S/O- LATE JIBAN NATH
          R/O- VILL.- KHELMATIKALKALBHANGI
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM AND PRESENT ADDRESS- VILL.- CHANDKUCHI
          P.S. AND DIST.- NALBARI
         ASSAM. (CLAIMANT NO. 1 BEING THE WIFE OF THE DECEASED IS
         REPRESENTING THE CLAIMANT NO. 2 BEING HIS MOTHER.

         3:HIRANYA SAIKIA
          S/O- LATE SARBESWAR SAIKIA
         VILL.- TARAJAN
          KUMARGAON
          P.S. TEZPUR
          DIST. SONITPUR
         ASSA
                                                                    Page No.# 2/3

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR R YASIN


             Linked Case : MACApp./272/2021

            ORIENTAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
            A-25/27
            ASAF ALI ROAD
            NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
            REP. BY THE REGIONAL MANAGER.


             VERSUS

            SONESHWARI DEVI AND 2 ORS.
            W/O- LATE JIBAN NATH
            R/O- VILL.- KHELMATIKALKALBHANGI
            P.S. TEZPUR
            DIST. SONITPUR
            ASSAM AND PRESENT ADDRESS- VILL.- CHANDKUCHI
            P.S. AND DIST.- NALBARI
            ASSAM. (CLAIMANT NO. 1 BEING THE WIFE OF THE DECEASED IS
            REPRESENTING THE CLAIMANT NO. 2 BEING HIS MOTHER).

            2:SUBMIT NATH
            S/O- LATE JIBAN NATH
             R/O- VILL.- KHELMATIKALKALBHANGI
             P.S. TEZPUR
             DIST. SONITPUR
            ASSAM AND PRESENT ADDRESS- VILL.- CHANDKUCHI
             P.S. AND DIST.- NALBARI
            ASSAM. (CLAIMANT NO. 1 BEING THE WIFE OF THE DECEASED IS
            REPRESENTING THE CLAIMANT NO. 2 BEING HIS MOTHER.
             3:HIRANYA SAIKIA
            S/O- LATE SARBESWAR SAIKIA
            VILL.- TARAJAN
             KUMARGAON
             P.S. TEZPUR
             DIST. SONITPUR
            ASSAM
             ------------
            Advocate for : MR SISHIR DUTTA
            Advocate for : appearing for SONESHWARI DEVI AND 2 ORS.
                                                                          Page No.# 3/3


                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 21.11.2022

Heard Mr. Kaushik, learned counsel for the applicant. Also heard Mr. S. N. Krishantraya, learned counsel for opposite parties No. 1 and 2.

After the order, dated 01.12.2021, was passed by the Court, staying the operation of the impugned judgment & award, dated 12.04.2021, passed by the learned MACT, Nalbari, in MAC.Case No. 59(Death)/2017, subject to deposit of 50% of the awarded amount by the applicant/Insurance Company; nothing further remains to be adjudicated upon in this interlocutory application.

In that view of the matter; the interlocutory application stands disposed of in terms of this Court's order, dated 01.12.2021.

JUDGE

Comparing Assistant