Page No.# 1/3 vs Gitu Bordoloi And Anr F
2025 Latest Caselaw 6836 Gua

Gauhati High Court

Page No.# 1/3 vs Gitu Bordoloi And Anr F on 29 August, 2025

                                                                       Page No.# 1/3

GAHC010107422024




                                                                undefined

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

                          Case No. : I.A.(Civil)/2701/2025


         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         1956. REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI- 7.


          VERSUS

         GITU BORDOLOI AND ANR F
         S/O RAMA BORDOLOI
         VILL.- MOLANKATTA ADARSAGAON
         DIGHALIATI
         P.S.- RAHA
         DIST.- NAGAON
         ASSAM.

         2:PUSPENDRA BHUYAN
         S/O LATE RADHA NATH BHUYAN

         VILL.- DIGHALIATI
         P.S.- RAHA
         DIST.- NAGAON
         ASSAM.
         ------------
         Advocate for : MR. S K GOSWAMI
         Advocate for : appearing for GITU BORDOLOI AND ANR F
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                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

29.08.2025

Heard learned counsel Mr. S. K. Goswami for the applicant/appellant who is aggrieved by the judgment and award dated 01.02.2024 passed by the learned Member, MACT, Nagaon in MAC Case No. 53/2019.

2. It is submitted that the vehicle bearing registration no. AS-01/T-1477 was not involved in the accident and the owner who was examined as DW has stated that his vehicle was not involved in the accident.

3. On the contrary, learned counsel Ms. A. Bora has submitted that charge- sheet has been laid against the driver who has caused the accident. There are 2 (two) victims in this case. One victim has already passed away and the other victim is suffering seriously.

4. Learned counsel for the respondent no. 1 has raised objection against the prayer for stay of the operation of the impugned judgment and award dated 01.02.2024.

5. After considering the submissions at the Bar, it appears that the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 01.02.2024 passed by the learned Member, MACT, Nagaon in MAC Case No. 53/2019 is stayed until further orders subject to the condition that the applicant deposits 50% of the compensation amount before the Registry of this Court within 4 (four) weeks from the date of this order.

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6. In terms of the above observation, this application stands disposed of.

JUDGE

Comparing Assistant