Oriental Insurance Company Ltd vs Anima Kalita And 3 Ors
2024 Latest Caselaw 3858 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Anima Kalita And 3 Ors on 3 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                               Page No.# 1/3

GAHC010107192024




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

                         Case No. : I.A.(Civil)/1613/2024
                                         in
                              MACApp./238/2024

         ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI
          G.S. ROAD
          ULUBARI
          GUWAHATI- 781007
          REP. BY THE DEPUTY MANAGER
          GAUHATI REGIONAL OFFICE
          ULUBARI
          GUWAHATI- 781007.


          VERSUS

         ANIMA KALITA AND 3 ORS.
         W/O LATE RAMANI DEKA
         VILL.- AGDALA
         P.O. AND P.S.- BAIHATA CHARIALI
         DIST.- KAMRUP (R)
         ASSAM
         PIN- 781381. PRESENT ADDRESS- C/O R.C. SUT
         R/O SILPUKHURI
         KARNACHAL
         GUWAHATI
         P.O.- SILPUKHURI
         DIST.- KAMRUP (M)
         ASSAM
         PIN- 781003.

         2:NIKU KALITA
         W/O LATE RAMANI DEKA
                                                                      Page No.# 2/3

         VILL.- AGDALA
         P.O. AND P.S.- BAIHATA CHARIALI
         DIST.- KAMRUP (R)
         ASSAM
         PIN- 781381.
         PRESENT ADDRESS-
         C/O R.C. SUT

         R/O SILPUKHURI
          KARNACHAL
          GUWAHATI
          P.O.- SILPUKHURI
          DIST.- KAMRUP (M)
          ASSAM
          PIN- 781003.
         (REP. BY RESPONDENT NO. 1).
          3:ASHOKULLAH
         S/O LATE ABDUL RAHIM

         VILL.- BASHBERA
         MISSAMARI
         P.O. AND P.S.- BASHBERA
         DIST.- SONITPUR
         ASSAM
         PIN- 784506.
         4:SAIDUL ISLAM
         S/O MUSLEMUDDIN

         VILL.- DIGHALDOI
         P.O.- BASHBERA
         DIST.- SONITPUR
         ASSAM
         PIN- 784506.
         ------------
         Advocate for : MS. R D MOZUMDAR
         Advocate for : appearing for ANIMA KALITA AND 3 ORS.



                               BEFORE
              HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

03.06.2024 By the present application, the applicant as appellant has prayed for stay of the judgment and award dated 28.02.2024 passed by the learned MACT No. 1, Page No.# 3/3

Kamrup (M) in MAC Case No. 1404/2017. The connected appeal has been admitted today i.e. 03.06.2024 and records have been called for.

Considering the facts and circumstances and also that the award has been passed in a death case, the impugned judgment and award dated 28.02.2024 is stayed subject to the condition that the appellant deposits 50% of the awarded amount before this Registry of this Court. Such deposit be made within a period of 6(six) weeks from today.

The opposite party may make necessary application for withdrawal of the amount deposited which will be duly considered in accordance with law.

The I.A. stands disposed of.

JUDGE

Comparing Assistant