Smti. Premlata Devi vs Oriental Insurance Company ...
2023 Latest Caselaw 1531 Gua

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GAHC010268982022




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

                         Case No. : I.A.(Civil)/3840/2022

         SMTI. PREMLATA DEVI
         W/O- LATE RISHEKESH TIMSINA, R/O- VILL.- TUPIA, P.O. NAHARBARI, P.S.
         JAMUGURIHAT, DIST.- SONITPUR, ASSAM.



         VERSUS

         ORIENTAL INSURANCE COMPANY LIMITED AND AND 3 ORS.
         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.

         2:SRI PRASANTA BHAGAWATI
          S/O- LATE DEBESWAR BHAGAWATI
          R/O- VILL.- TUPIA
          NAHARBARI
          P.O. NAHARBARI
          P.S. JAMUGURIHAT
          DIST.- SONITPUR
         ASSAM. (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-12/C-
         9777 (407 TRUCK).

         3:SRI PRABIN BORAH
          S/O- SRI SOMESWAR BORAH
          R/O- VILL.- TUPIA
          NAHARBARI
          P.O. NAHARBARI
          P.S. JAMUGURIHAT
          DIST.- SONITPUR
         ASSAM. (DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-
         12/C-9777 (407 TRUCK).

         4:NATIONAL INSURANCE CO. LTD.
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               TEZPUR BRANCH
                SONITPUR
               ASSAM. (INSURER OF THE VEHICLE BEARING REGISTRATION NO. AS-
               12/N-9089 (SUPER SPLENDER MOTORCYCLE)

Advocate for the Petitioner        : MR. D NATH

Advocate for the Respondent : MR S DUTTA




                                          BEFORE
                                HONOURABLE MR. JUSTICE K. SEMA

                                                    ORDER

Date : --19.04.2023 Heard Mr. D. Nath, learned counsel appearing for the applicant and Ms. S. Mochahari, learned counsel for the Opposite party No. 1.

By order dated 25.05.2022 passed in I.A.(Civil)/1449/2022, This Court has passed the following order :-

"Since the connected appeal is admitted for hearing, the operation of the judgment and Award dated 10.12.2018 passed by the Member, MACT, Sonitpur, Tezpur in MAC Case No. 100/2016 (D) shall remain stayed till disposal of the appeal, subject to deposit of 25% of the awarded amount by the appellant in the Registry of the Gauhati High Court in next four weeks.

The IA(C) stands disposed of."

It is further seen that the Opposite party No. 1 is yet to comply with the order dated 25.05.2022, although the hearing of the appeal was subject to deposit of the 25% of the awarded amount by the Opposite party No. 1 Insurance Company.

It is made clear that if the order dated 25.05.2022 passed in IA(C) No. 1449/2022 is not complied with by the Opposite party No. 1 Insurance Company, this Court on the next date shall consider vacating the order dated 25.05.2022 passed by this Court.

List it on 08.05.2023.

JUDGE

Comparing Assistant