Gauhati High Court
The Oriental Insurance Co. Ltd vs Smt. Kamala Rajkumari And 4 Ors on 20 August, 2025
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GAHC010318102019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./338/2024
THE ORIENTAL INSURANCE CO. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7.
VERSUS
SMT. KAMALA RAJKUMARI AND 4 ORS.
W/O- LATE PRADIP RAJKUMAR, R/O- VILL.- DUDPUR, P.S. KATIGORAH,
CACHAR, ASSAM- 788025.
2:LAXMAN SARNADEEP RAJKUMAR
S/O- LATE PRADIP RAJKUMAR
R/O- VILL.- DUDPUR
P.S. KATIGORAH
CACHAR
ASSAM- 788025.
3:CHOTU PAUL
S/O- LATE PRADIP RAJKUMAR
R/O- VILL.- DUDPUR
P.S. KATIGORAH
CACHAR
ASSAM- 788025. (RESPONDENT NOS. 2 AND 3 ARE MINORS
THEY RESIDE WITH THEIR MOTHER BEING NATURAL GUARDIAN AND
AS SUCH MINORS ARE REP. BY THEIR MOTHER KAMALA RAJKUMARI.
4:MRS. FULL MARY KHONGSIT
R/O- BHOLAGANJ
EAST KHASI HILLS
MEGHALAYA
PIN- 793108.
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5:BIPLOB DAS
S/O- KUKIL DAS
R/O- BHOLAGANJ SHELLA
P.S. SOHRA
EAST KHASI HILLS
MEGHALAYA
PIN- 793108
Advocate for the Petitioner : MR. S K GOSWAMI, MR R SHARMA,MS P SARMA
Advocate for the Respondent : MR D MONDAL (R-4), MS. D J BORAH (R1),N. LOHE (R1),E.
YANTHAN (R1)
Linked Case : I.A.(Civil)/2030/2024
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7.
VERSUS
SMT. KAMALA RAJKUMARI AND 4 ORS.
W/O- LATE PRADIP RAJKUMAR
R/O- VILL.- DUDPUR
P.S. KATIGORAH
CACHAR
ASSAM- 788025
2:LAXMAN SARNADEEP RAJKUMAR
S/O- LATE PRADIP RAJKUMAR
R/O- VILL.- DUDPUR
P.S. KATIGORAH
CACHAR
ASSAM- 788025.
3:CHOTU PAUL
S/O- LATE PRADIP RAJKUMAR
R/O- VILL.- DUDPUR
P.S. KATIGORAH
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CACHAR
ASSAM- 788025. (RESPONDENT NOS. 2 AND 3 ARE MINORS
THEY RESIDE WITH THEIR MOTHER BEING NATURAL GUARDIAN AND AS
SUCH MINORS ARE REP. BY THEIR MOTHER KAMALA RAJKUMARI.
4:MRS. FULL MARY KHONGSIT
R/O- BHOLAGANJ
EAST KHASI HILLS
MEGHALAYA
PIN- 793108.
5:BIPLOB DAS
S/O- KUKIL DAS
R/O- BHOLAGANJ SHELLA
P.S. SOHRA
EAST KHASI HILLS
MEGHALAYA
PIN- 793108.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for SMT. KAMALA RAJKUMARI AND 4 ORS.
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
20/08/2025
This is an application praying for stay of the judgment and award dated 20.04.2012,
passed by the Learned Member, Motor Accidents Claims Tribunal, Cachar, at Silchar, in MAC
Case No. 989/2007.
2. I have heard learned counsel for the appellant, Mr. S.K Goswami who submits that he has
made valid grounds for an appeal in connected MAC Appeal, which has been admitted by this
Court and there is good chance that the appeal is successful. Accordingly, it is submitted that
it would be in the interest of justice to stay the judgment and award dated 20.04.2012; till
disposal of the appeal.
3. Having considered the grounds and the submission made by the appellant, the impugned
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judgment and award dated 20.05.2012 passed in MAC Case No 989/2007 passed by the
Learned Member, Motor Accidents Claims Tribunal at Silchar shall remained stayed subject to
the conditions that the appellant/Insurer shall deposit 50% of the awarded amount before
the Registry within a period of 60(sixty) days from today.
JUDGE
Comparing Assistant
