The Oriental Insurance Co. Ltd vs Bhupen Bhuyan And Anr
2022 Latest Caselaw 4633 Gua

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GAHC010006742011




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

                                Case No. : MACApp./120/2011

            THE ORIENTAL INSURANCE CO. LTD.,
            HAVING ITS REGISTERED OFFICE OF ASSAF ALI ROAD, NEW DELHI AND
            REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI-7, REPRESENTED
            IN THE PRESENT PROCEEDINGS BY ITS REGIONAL MANAGER, REGIONAL
            OFFICE AT GUWAHATI.



            VERSUS

            BHUPEN BHUYAN and ANR,
            S/O LATE KESHAB BHUYAN, R/O VILL. KOCHGAON, P.O. and P.S.
            BISWANATH CHARIALI, DIST. SONITPUR, ASSAM.

            2:NIRANJAN SAIKIA

             S/O LATE H.C. SAIKIA
             R/O VILL. GAREHEGI
             P.S. BISWANATH CHARIALI
             DIST. SONITPUR
             ASSAM

Advocate for the Petitioner   : MR.A KHANIKAR

Advocate for the Respondent : MR.S K GHOSH




             Linked Case : MC/2026/2011

            THE ORIENTAL INSURANCE CO. LTD.
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            HAVING ITS REGISTERED OFFICE OF ASSAF ALI ROAD
            NEW DELHI AND REGIONAL OFFICE AT G.S. ROAD
            ULUBARI
            GUWAHATI-7
            REPRESENTED IN THE PRESENT PROCEEDINGS BY ITS REGIONAL
            MANAGER
            REGIONAL OFFICE AT GUWAHATI.


             VERSUS

            BHUPEN BHUYAN and ANR

            S/O LATE KESHAB BHUYAN
            R/O VILL. KOCHGAON
            P.O. and P.S. BISWANATH CHARIALI
            DIST. SONITPUR
            ASSAM.

            2:NIRANJAN SAIKIA

            S/O LATE H.C. SAIKIA
            R/O VILL. GAREHEGI
            P.S. BISWANATH CHARIALI
            DIST. SONITPUR
            ASSAM.
            ------------
            Advocate for : MR.A KHANIKAR
            Advocate for : appearing for BHUPEN BHUYAN and ANR




                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : --23.11.2022

Heard Mr. A. Dutta, learned counsel for the applicant/ Insurance Company and Mr. S.P. Chudhury, learned counsel for the opposite party No. 1/ Claimant.

This is an application praying for staying of the impugned judgment and award dated 02.02.2010, passed by the learned Member Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 361/2007, whereby the learned Member has awarded an amount of Rs. 4,47,577/-

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as a compensation to be paid to the opposite party No.1/claimant by the applicant/Insurance Company.

After hearing the learned counsel for the parties, it is hereby directed that the operation of the impugned judgment and award, dated 02.02.2010, passed by learned Member, Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 361/2007 shall remain stayed subject to deposit of 50% of the awarded amount by the Insurance Company within a period of 4 (four) weeks from today before the Registry of the Court. The Opposite party No. 1/claimant shall be at liberty to withdraw the deposited amount on being properly identified by the engaged counsel as well as by following the due procedure prescribed, for such withdrawal, as notified by the Registry from time to time.

The Interlocutory Application accordingly stands disposed of.

JUDGE

Comparing Assistant