The Oriental Insurance Co. Ltd vs Tutumani Chowdhury @ Tutumani ...
2023 Latest Caselaw 2675 Gua

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GAHC010129762023




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

                              I.A.(Civil)/1904/2023
                           In MACApp. No. 260/2023

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI- 7
         DIST.- KAMRUP
         ASSAM.

          VERSUS

         TUTUMANI CHOWDHURY @ TUTUMANI CHOUDHURY AND 3 ORS.
         W/O LATE UDHAB CHOUDHURY
         R/O PATHALIPARA
         P.S.- NAGARBERA
         DIST.- KAMRUP (R)
         ASSAM.

         2:CHANDADIP CHOUDHURY @ CHANDADIP CHOWDHURY
         W/O LATE UDHAB CHOUDHURY
          R/O PATHALIPARA
          P.S.- NAGARBERA
          DIST.- KAMRUP (R)
         ASSAM.
         MINOR
          REP. BY MOTHER
         THAT IS
          RESPONDENT NO. 1.
          3:NAREN CH. DAS
         S/O PRASANNA KR. DAS
         VILL.- GERUAGAON
          P.S.- RANJULI

         DIST.- GOALPARA
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           ASSAM.
           4:NAREN CH. DAS
           S/O PRASANNA KR. DAS
           R/O HATIGAON
           HOUSE NO. 5
           P.S.- HATIGAON
           DIST.- KAMRUP (M)
           ASSAM.
           ------------
           Advocate for : MR. S K GOSWAMI
           Advocate for : appearing for TUTUMANI CHOWDHURY @ TUTUMANI
           CHOUDHURY AND 3 ORS.

                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

17-07-2023 Heard Shri S. K. Goswami, learned counsel for the appellant/applicant, who by means of the application under Order 41 Rule 5 of CPC,1908 has prayed for stay of the Judgment and Award dated 29.03.2023, passed by the learned Member, Motor Accident Claims Tribunal at Barpeta, in MAC Case No. 07/2021.

Amongst other grounds, the learned counsel has submitted that a wrong multiplier has been applied by which the award granted is not just and reasonable. The learned counsel has also urged that the deceased was a government servant and the family would be entitled to the full salary till the date the deceased would have attained the age of superannuation.

Considering that the award had been passed in a death case where the claimants are the dependent, it is directed that the aforesaid award dated 29.03.2023 shall remain suspended subject to the condition of payment of 50% of the same which shall be deposited in the Registry of this Court.

Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant