The Oriental Insurance Co. Ltd vs Rohi Pegu @ Dao And 7 Ors
2023 Latest Caselaw 3940 Gua

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GAHC010005672023




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

                        Case No. : MACApp./349/2023

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED
         BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7, KAMRUP M
         ASSAM



         VERSUS

         ROHI PEGU @ DAO AND 7 ORS.
         S/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON, PS SILAPATHAR,
         DIST DHEMAJI, ASSAM

         2:SAGARIKA PEGU
          D/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM

         3:SRI KULDEP PEGU
          S/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM

         4:SRI NIHARIKA PEGU
          D/O LATE THANESWAR PEGU
         RESIDENT OF VILLAGE SILAPATHAR MISING GAON
          PS SILAPATHAR
          DIST DHEMAJI
         ASSAM
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             5:PRAVAWOTI PEGU
              M/O LATE THANESWAR PEGU
             RESIDENT OF VILLAGE SILAPATHAR MISING GAON
              PS SILAPATHAR
              DIST DHEMAJI
             ASSAM

             6:MD. RAFUKUL AHMED
              S/O AKBAR ALI

             RESIDENT OF BARPAYAK

             PS JAGIROAD
             DIST MORIGAON
             ASSAM

             7:SRI DIPEN GOGOI
              S/O LATE PHANIDHAR GOGOI
             RESIDENT OF DHAPOLIAL GAON
              PS GHILAMARA
             DIST LAKHIMPUR
             ASSAM

             8:RELIANCE GENERAL INSURANCE COMPANY LIMITED.
              REPRESENTED BY ITS GENERAL MANAGER
             ANIL PLAZA
              GS ROAD
              BHANGAGARH
              GUWAHAT

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. A R AGARWALA

                                       :: BEFORE ::
                       HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       O R D E R

25.09.2023

Heard Mr. S.K. Goswami, learned counsel appearing for the appellant. Also heard Mr. A.R. Agarwala, learned counsel representing respondent nos.1 to 5.

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Since the connected appeal has been admitted for hearing, the judgment and award dated 26.09.2022 passed by the MACT No.2, Kamrup (M) at Guwahati in MAC Case No.2314/2019 shall remain stayed till disposal of the appeal subject to deposit of 25% of the awarded amount in the Registry of this Court within next four weeks.

It is also directed that the aforesaid 25% awarded amount shall be disbursed in favour of the claimant no.1 representing the other claimants on execution of bond without any rider.

The I.A. stands disposed of.

The name of Mr. A.R. Agarwala shall be shown as the counsel representing respondent no.1 to 5 in the cause list.

JUDGE

Comparing Assistant