The Oriental Insurance Co. Ltd vs Mustt Ajufa Begum And 5 Ors
2022 Latest Caselaw 3755 Gua

                                                            Page No.# 1/3

GAHC010004642019




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

                         Case No. : I.A.(Civil)/2106/2022


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


          VERSUS

         MUSTT AJUFA BEGUM AND 5 ORS
         W/O LATE HAMIJUL ISLAM
         RESIDENT OF VILLAGE NO. CHATAICHAPARI TINMILE
         PS TEZPUR
         DIST SONITPUR
         ASSAM

         2:MISS RINA SULTANA
         D/O LATE HAMIJUL ISLAM

         RESIDENT OF VILLAGE NO. CHATAICHAPARI TINMILE

         PS TEZPUR
         DIST SONITPUR
         ASSAM
         TO BE REPRESENTED BY HER MOTHER RESPONDENT NO. 1
         3:MD. INTAJUL ISLAM

         S/O LATE HAMIJUL ISLAM

         RESIDENT OF VILLAGE NO. CHATAICHAPARI TINMILE

         PS TEZPUR
         DIST SONITPUR
         ASSAM
                                                                           Page No.# 2/3

             TO BE REPRESENTED BY HIS MOTHER RESPONDENT NO. 1
             4:MD. SIRAJUL ISLAM.
             S/O LATE HAMIJUL ISLAM

             RESIDENT OF VILLAGE NO. CHATAICHAPARI TINMILE

             PS TEZPUR
             DIST SONITPUR
             ASSAM
             TO BE REPRESENTED BY HIS MOTHER RESPONDENT NO. 1
             5:SRI AJAY SINGH

             S/O SRI RAJDEV SINGH
             R/O CINNAMORAH
             PO AND PS CHINNAMORAH
             DIST JORHAT
             ASSAM
             6:SRI RAJMONGOL RAI
             S/O PRABHU RAI

             R/O VILLAGE CIVIL GATE
             JAIL ROAD
             PS JORHAT
             DIST JORHAT
             ASSAM
             ------------
             Advocate for : MR. S K GOSWAMI
             Advocate for : MR. P SUNDI appearing for MUSTT AJUFA BEGUM AND 5 ORS



                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

23.09.2022

Heard Mr. S. K. Goswami, learned counsel for the applicant. Also heard Mr. P. Sundi, learned counsel for the respondent Nos. 1 to 4.

This interlocutory application is preferred by the applicant for stay of the operation of the impugned judgment and award, dated 09.08.2018, passed by Page No.# 3/3

the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur, in M.A.C. Case No. 31/2016(D).

Mr. S. K. Goswami, learned counsel for the applicant, submits that the applicant is ready to deposit 50% of the awarded amount.

Considering the entire facts and circumstances of the case and in the interest of justice, pending disposal of the connected appeal, being MACApp./412/2022, operation of the impugned judgment and award, dated 09.08.2018, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur, in M.A.C. Case No. 31/2016(D), stands stayed subject to deposition of the 50% of the awarded amount before the Registry of this Court within 6 (six) weeks.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant