The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors E
2024 Latest Caselaw 7454 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors E on 1 October, 2024

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GAHC010106962024




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

                         Case No. I.A.(Civil)/2597/2024




         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI- 7
         DIST.- KAMRUP(M)
         ASSAM.


          VERSUS

         ASHIMA SAHI AND 3 ORS E
         W/O LATE PURAN SINGH SOHI @ SAHI
         R/O NEGTHERITING T.E.
         P.S.- DERGAON
         DIST.- GOLAGHAT
         ASSAM.

         2:CHANDAN SINGH SAHI
         S/O LATE PURAN SINGH SOHI @ SAHI

         R/O NEGTHERITING T.E.
         P.S.- DERGAON
         DIST.- GOLAGHAT
         ASSAM.

         3:MEETHLESH SINGH
         S/O BIRBAHADUR SINGH

         R/O RONGAGORA
         P.O.- RONGAGORA GHAT
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           GOLAGHAT- 785621.

          4:PRABIN SAIKIA
          S/O LERELA SAIKIA

          R/O SESAMUKH

          P.S. AND DIST.- GOLAGHAT.
           ------------
          Advocate for : MR. S K GOSWAMI
          Advocate for : appearing for ASHIMA SAHI AND 3 ORS E



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 01.10.2024 Heard Mr. R. Sharma, learned counsel for the applicant. Also heard Mr. A. Bhattacharyya, learned counsel for the respondent Nos. 1 and 2.

This interlocutory application has been filed by the appellant/applicant praying for staying of the execution of the judgment and award dated 29.12.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati in MAC Case No. 1010/2021.

The learned counsel for the applicant has submitted that the Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment.

The learned counsel for the respondent Nos. 1 and 2 has not opposed the said prayer. He has also submitted that on such deposit, the claimant may be allowed to withdraw the said amount.

Considering the submissions made by the learned counsel for the applicant, the notice to other respondents is waived.

As the applicant/Insurance Company is ready to deposit 50% of the awarded Page No.# 3/3

amount, this interlocutory application is allowed and the execution of the impugned judgment and award dated 29.12.2023 passed in MAC Case No. 1010/2021 is hereby stayed, subject to deposit of 50% of the awarded amount by the applicant to the Registry of this Court within a period of four weeks from the date of this order.

If such a deposit is made, the Registry shall disburse the same to Smt. Ashima Sahi and Sri Chandan Singh Sahi, who are the respondent/claimant in the main appeal, after proper verification.

This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant