Oriental Insurance Company ... vs Sri Prafulla Nayak And 2 Ors
2023 Latest Caselaw 3907 Gua

                                                                          Page No.# 1/3

GAHC010077702020




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

                                Case No. : MACApp./355/2023

            ORIENTAL INSURANCE COMPANY LIMITED
            HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE, A- 25/27, ASAF ALI
            ROAD, NEW DELHI- 110002, AND REGIONAL OFFICE AT GHY-7, REP. BY
            THE REGIONAL MANAGER



            VERSUS

            SRI PRAFULLA NAYAK AND 2 ORS
            S/O- LT. DEBENDRA NAYAK, R/O- VILL- PANIGAON, P.O. AND P.S.
            PANIGAON, DIST.- LAKHIMPUR, ASSAM

            2:SATYENDRA BORGOHAIN
             S/O- LT. NITYANANDA BORGOHAIN
             R/O- VILL- RONGPURIA
            AZAD
             P.S. PANIGAON
             DIST.- LAKHIMPUR
            ASSAM (DRIVER OF THE SCOOTY)

            3:ENUMONI NEOG
            W/O- LT. NIRMAL NEOG
             R/O- VILL- JAPISAJIA
             P.O. JAPISAJIA
             P.S. NORTH LAKHIMPUR
             DIST.- LAKHIMPUR
            ASSAM
             (OWNER OF THE SCOOTY

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MR D MONDAL
                                                             Page No.# 2/3




Linked Case : I.A.(Civil)/2715/2023

ORIENTAL INSURANCE COMPANY LIMITED
HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE
A- 25/27
ASAF ALI ROAD
NEW DELHI- 110002
AND REGIONAL OFFICE AT GHY-7
REP. BY THE REGIONAL MANAGER


VERSUS

SRI PRAFULLA NAYAK AND 2 ORS
S/O- LT. DEBENDRA NAYAK
R/O- VILL- PANIGAON
P.O. AND P.S. PANIGAON
DIST.- LAKHIMPUR
ASSAM

2:SATYENDRA BORGOHAIN
S/O- LT. NITYANANDA BORGOHAIN
 R/O- VILL- RONGPURIA
AZAD
 P.S. PANIGAON
 DIST.- LAKHIMPUR
ASSAM (DRIVER OF THE SCOOTY)
 3:ENUMONI NEOG
W/O- LT. NIRMAL NEOG
 R/O- VILL- JAPISAJIA
 P.O. JAPISAJIA
 P.S. NORTH LAKHIMPUR
 DIST.- LAKHIMPUR
ASSAM
 (OWNER OF THE SCOOTY)
 ------------
Advocate for : MR. S DUTTA
Advocate for : appearing for SRI PRAFULLA NAYAK AND 2 ORS



                      BEFORE
     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
                                                                                   Page No.# 3/3

                                             ORDER

Date : 22.09.2023

Heard Mr. S. Dutta, learned counsel for the appellant and Mr. D. Mondal, learned counsel for the respondent No. 1.

Since connected appeal has already been admitted for hearing, the operation of the impugned judgment and award dated 29.07.2019 passed by the learned MACT, Lakhimpur, North Lakhimpur in MAC Case No. 42/2017 shall remain stayed till disposal of the appeal subject to deposit of 50% of the awarded amount in the Registry of this court.

Mr. Mondal submits that after deposit the 50% of the awarded amount, the claimant should be allowed to withdraw the said money.

Mr. Dutta, learned counsel for the appellant submits that the Insurance Company has no objection in releasing the aforesaid amount in favour of the claimant.

Accordingly, the Registry is directed to disburse the said amount of 50% to the claimant upon proper identification.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant