Oriental Insurance Company Ltd vs Akhil Das And 2 Ors
2025 Latest Caselaw 6843 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Akhil Das And 2 Ors on 29 August, 2025

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GAHC010063212025




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

                       Case No. : I.A.(Civil)/2829/2025



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


          VERSUS

         AKHIL DAS AND 2 ORS
         SON OF LATE SUDHIR MONORANJAN DAS
         RESIDENT OF VILLAGE BISHNUPUR
         TETELIA PATHAR
         P/O. GANDHINAGAR
         P/S. KHETRI
         DIST. KAMRUP METRO
         ASSAM
         REPRESENTED BY HIS WIFE SHIBANI DAS

         2:ARVIND YADAV
         SON OF SAYUG YADAV
          RESIDENT OF VILLAGE JAWAHAR NAGAR
          NH-37
          BEHIND KAMRUP KANTA
          P/O. BELTOLA
          P/S. BASISTHA
          KAMRUP METRO
         ASSAM-781028
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          3:NIKLAS KHAISOHNOH
          SON OF M. SANA
          RESIDENT OF NONGKHRAI BPO NARTIANG
          THADLASKEIN
          DIST. WEST JAINTIA HILLS
          P/O. JOWAI
          MEGHALAYA-793150
          ------------
          Advocate for : MR. S P SHARMA
          Advocate for : appearing for AKHIL DAS AND 2 ORS



                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

29.08.2025

Heard learned counsel Ms. R. D. Mozumdar for the applicant/appellant who has filed this application with prayer for stay of the impugned judgment and award dated 20.12.2024 passed by the learned Member, MACT No. 3 Kamrup (M), Guwahati in MAC Case No. 1890/2019.

2. The insurer/applicant is aggrieved by the judgment and order as in the charge-sheet, another driver has been named instead of Niklas khaisohnoh.

3. Learned counsel Mr. R. Goswami, is present for the respondent no. 1 and has raised serious objection stating that there is every scope that the compensation amount may be enhanced as the injured victim is about 77 years old and an ailing person who has been suffering from 50% disability as a result of the back injury sustained in that accident.

4. I have considered the submissions at the Bar with circumspection.

5. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 20.12.2024 Page No.# 3/3

passed by the learned Member, MACT No. 3 Kamrup (M), Guwahati in MAC Case No. 1890/2019 is stayed until further orders subject to the condition that the insurer deposits 50% of the compensation amount before the Registry of this Court within 6 (six) weeks from the date of this order.

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

JUDGE

Comparing Assistant