Oriental Insurance Co. Ltd vs Chitra Rabha And 4 Ors
2023 Latest Caselaw 4177 Gua

                                                           Page No.# 1/3

GAHC010153322023




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

                        Case No. : I.A.(Civil)/1972/2023

         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
         REP. BY THE REGIONAL MANAGER.


          VERSUS

         CHITRA RABHA AND 4 ORS.
         W/O LATE SIDHARTHA DAS
         VILL.- NIZ-CHAHARIA
         P.O.- AMSOI
         MOUZA- CHAHRIA
         P.S.- RAHA
         DIST.- NAGAON
         ASSAM
         PIN- 782425.

         2:PRADIP DAS
         S/O LATE SIDHARTHA DAS

         VILL.- NIZ-CHAHARIA

         P.O.- AMSOI
          MOUZA- CHAHRIA
          P.S.- RAHA
          DIST.- NAGAON
         ASSAM
          PIN- 782425.
          3:SWAPNA DAS
         W/O PRADIP DAS
                                                                                 Page No.# 2/3


            VILL.- NIZ-CHAHARIA

            P.O.- AMSOI
             MOUZA- CHAHRIA
             P.S.- RAHA
             DIST.- NAGAON
            ASSAM
             PIN- 782425.
             4:MUSTT. SUNDURI BEGUM
            W/O LT. SIKANDAR ALI

            VILL.- BHERAGAON
            P.O.- JAHURPAM (TARABARI)

            DIST.- BARPETA
            ASSAM
            PIN- 781302.
            5:MD. SAFIQUL ISLAM
            S/O MD. NURUL HOQUE

            VILL.- BANMAJ PATHER

            P.O.- BILASIPARA BAZAR
             P.S.- GUBARDHAN

            DIST.- BAKSA
            ASSAM
            PIN- 783348.
            ------------
            Advocate for : MS. M CHOUDHURY
            Advocate for : appearing for CHITRA RABHA AND 4 ORS.



                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 09.10.2023

Heard Mr. A. Acharya, learned counsel for the applicant. Also heard Mr. I. A. Talukdar, learned counsel, appearing on behalf of Opposite Parties No. 1 to 6.

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This is an application praying for stay of the operation of the impugned judgment, dated 29.09.2014, passed by the learned Member, MACT Kokrajhar, in MAC Case No. 03/2013, whereby compensation to the tune of Rs. 5,60,000/- has been awarded to the opposite parties No. 1 to 6/claimants.

Upon hearing the learned counsels for the parties and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment, dated 29.09.2014, passed by the learned Member, MACT Kokrajhar, in MAC Case No. 03/2013, shall remain stayed subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today.

On such deposit being made by the applicant/Insurance Company, the opposite parties No. 1 to 6/claimants shall be allowed to withdraw the deposited amount, in question, on furnishing an indemnity bond(s) by the opposite parties No. 1 to 6/claimants and after properly identified by the engaged counsel by following the due process of identification as notified by the Registry of this Court, from time to time.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant