The Oriental Insurance Co. Ltd vs Kunjalata Das And 4 Ors
2023 Latest Caselaw 4244 Gua

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GAHC010199372023




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

                           Case No. : I.A.(Civil)/3099/2023


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


            VERSUS

            KUNJALATA DAS AND 4 ORS.
            W/O LATE GAGAN DAS
            R/O SINGIMARI
            BANGALIGAON
            P.S.- DHEKIAJULI
            SONITPUR
            ASSAM
            PIN-

            2:MANJIL DAS
            S/O LATE GAGAN DAS

            R/O SINGIMARI
            BANGALIGAON
            P.S.- DHEKIAJULI
            SONITPUR
            ASSAM
            PIN-
            3:JYOTISHMITA DAS
            D/O LATE GAGAN DAS
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            R/O SINGIMARI
            BANGALIGAON
            P.S.- DHEKIAJULI
            SONITPUR
            ASSAM
            PIN-
            4:MD. BABER ALI
            S/O LATE HAMID ALI

            R/O DHABILAPARA
            P.S.- HOWLI
            BARPETA
            PIN-
            5:MD. SABED ALI
            S/O LATE MAKBUL HUSSAIN
            R/O THEKAGAON
            P.S.- BARPETA
            DIST.- BARPETA
            ASSAM
            PIN-
            ------------
            Advocate for : MR. S K GOSWAMI
            Advocate for : appearing for KUNJALATA DAS AND 4 ORS.



                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 11.10.2023

Heard Mr. R. Sharma, learned counsel for the applicant/ Insurance Company.

This is an application praying for stay of the operation of the impugned judgment & award, dated 11.04.2023, passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati, in MAC.Case No. 934/2020, whereby compensation to the tune of Rs. 56,99,235/- has been awarded to the opposite parties No. 1 to 3/claimants.

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Upon hearing the learned counsel for the applicant/Insurance Company and on perusal of the materials made available on record; it is hereby directed that the operation of the impugned judgment & award, dated 11.04.2023, passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati, in MAC.Case No. 934/2020, 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 3/claimants shall be allowed to withdraw the deposited amount, in question, on furnishing an indemnity bond(s) by the opposite parties No. 1 to 3/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