Oriental Insurance Co. Ltd vs Md Jounal Abidin And 2 Ors
2023 Latest Caselaw 1389 Gua

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GAHC010008452017




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

                                Case No. : MACApp./66/2018

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



            VERSUS

            MD JOUNAL ABIDIN and 2 ORS
            R/O VILL. SUNAPUR PART-II, P.O. SALCHAPRA, P.S. SILCHAR, DIST.
            CACHAR, ASSAM, PIN 788119

            2:SURAJIT CHOUDHURY
             R/O BADARPUR
             P.O. AND P.S. BADARPUR
             DIST. KARIMGANJ
            ASSAM
             PIN 788806 (OWNER OF THE VEHICLE)

            3:RATAN KUMAR DEY
             C/O SRI SURAJIT CHOUDHURY
             P.O. AND P.S. BADARPUR
             DIST. KARIMGANJ
            ASSAM
             PIN 788806 (DRIVER OF THE VEHICLE

Advocate for the Petitioner   : MR.S DUTTA

Advocate for the Respondent :
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         Linked Case : I.A.(Civil)/371/2018

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


         VERSUS

         MD JOUNAL ABIDIN and 2 ORS
         R/O VILL. SUNAPUR PART-II
         P.O. SALCHAPRA
         P.S. SILCHAR
         DIST. CACHAR
         ASSAM
         PIN 788119

         2:SURAJIT CHOUDHURY
         R/O BADARPUR
          P.O. AND P.S. BADARPUR
          DIST. KARIMGANJ
         ASSAM
          PIN 788806 (OWNER OF THE VEHICLE)
          3:RATAN KUMAR DEY
         C/O SRI SURAJIT CHOUDHURY
          P.O. AND P.S. BADARPUR
          DIST. KARIMGANJ
         ASSAM
          PIN 788806 (DRIVER OF THE VEHICLE)
          ------------
         Advocate for : MR.S DUTTA
         Advocate for : appearing for MD JOUNAL ABIDIN and 2 ORS



                              BEFORE
                 HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 03.04. 2023 Heard Mr. Sidhant Dutta, learned counsel for the applicant.

This is an application filed under Order XLI Rule 5 of the CPC, 1908 for Page No.# 3/3

stay of the judgment and award dated 22.03.2017, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 1073 of 2007.

As the appeal is admitted for hearing, the operation of the impugned judgment and award dated 22.03.2017, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 1073 of 2007 is hereby stayed subject to payment of 50% of the awarded amount to the Registry of this Court within a period of 6 weeks from today.

The I.A. stands disposed of.

JUDGE

Comparing Assistant