The Oriental Insurance Company ... vs Md Badar Ali And 2 Ors
2022 Latest Caselaw 3533 Gua

                                                              Page No.# 1/3

GAHC010001892019




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

                             I.A.(Civil)/2837/2022

         THE ORIENTAL INSURANCE COMPANY LTD
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI G.S. ROAD
         ULUBARI
         GUWAHATI
         REPRESENTED BY THE ASSTT. MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI 781007


          VERSUS

         MD BADAR ALI AND 2 ORS
         S/O MD. NOOR MOHAMMAD
         R/O VILL. BHAIRAGHUL
         P.O. AND P.S. MUKALMUA
         DIST. NALBARI
         ASSAM
         PIN 781126

         2:MD. BABUL ALI
         S/O MOHAMMED ALI
          R/O VILL. NO. 2 LARKUCHI
          P.S. NALBARI
          P.O. LARKUCHI
          DIST. NALBARI
         ASSAM
          PIN 781138
          3:MD. MOINUL ALI
         S/O MD. NASHIL ALI
          R/O VILL. SONAPUR
          P.O. MUGDI
          P.S. NALBARI
                                                               Page No.# 2/3

DIST. NALBARI
ASSAM
PIN 781312
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. K K DUTTA appearing for MD BADAR ALI AND 2 ORS


                         Case No. : MACApp./701/2022

 THE ORIENTAL INSURANCE COMPANY LTD
 A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
 GUWAHATI G.S. ROAD, ULUBARI, GUWAHATI, REPRESENTED BY THE
 ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
 GUWAHATI 781007



 VERSUS

 MD BADAR ALI AND 2 ORS
 S/O MD. NOOR MOHAMMAD, R/O VILL. BHAIRAGHUL, P.O. AND P.S.
 MUKALMUA, DIST. NALBARI, ASSAM, PIN 781126

 2:MD. BABUL ALI
  S/O MOHAMMED ALI
  R/O VILL. NO. 2 LARKUCHI
  P.S. NALBARI
  P.O. LARKUCHI
  DIST. NALBARI
 ASSAM
  PIN 781138

 3:MD. MOINUL ALI
  S/O MD. NASHIL ALI
  R/O VILL. SONAPUR
  P.O. MUGDI
  P.S. NALBARI
  DIST. NALBARI
 ASSAM
  PIN 78131

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. K K DUTTA
                                                                            Page No.# 3/3


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 14/09/2022

Ms.R.D. Mozumdar, the learned counsel appearing on behalf of the applicant and Mr. K.K. Dutta, the learned counsel appearing on behalf of the respondent No. 1.

This is an application for stay of the judgment and award dated 24/8/2018 passed by the Member, MACT, Kamrup(Metro) at Guwahati in MAC Case No. 2567/2012.

The Tribunal below vide the impugned judgment and award had directed to pay an amount of Rs.2,41,721/- within a period of 3(three) months from the date of the said award alongwith interest at the bank rate for fixed deposit from 29/6/2017 from the date of filing of the evidence of the claimant and in failure to do so within the period of 3(three) months, to pay an additional interest @ 1% per annum from the date of filing of the claim petition.

The learned counsel for the applicant submits at that relevant point of time the fixed deposit interest was 6%.

Considering the above, this Court stays the impugned judgment and award dated 24/8/2018 passed in MAC Case No. 2567/2012 subject to deposit of 50% of the awarded amount alongwith interest @6% per annum from the date of filing of the evidence i.e. from 29/6/2017 within a period of 6(six) weeks from today.

The claimant shall be entitled to withdraw the said amount by filling appropriate application before the Registry of this Court.

The IA stands disposed off.

JUDGE Comparing Assistant