The Oriental Insurance Co. Ltd vs Aparajita Brahma And 4 Ors F
2025 Latest Caselaw 3406 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Aparajita Brahma And 4 Ors F on 21 February, 2025

                                                                 Page No.# 1/3

GAHC010020672024




                                                          undefined

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




          I.A.(Civil)/2417/2024

         THE ORIENTAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
         A-25/27
         ASAF ALI ROAD
         NEW DELHI- 110002
         AND REGIONAL OFFICE AT GUWAHATI- 7
         REPRESENTED BYTHE REGIONAL MANAGER.


          VERSUS

         APARAJITA BRAHMA AND 4 ORS F
         D/O LATE JATINDRA NATH BRAHMA
         VILL.- WARD NO. 3
         STATION ROAD
         P.S.- DHEMAJI
         DIST.- DHEMAJI
         ASSAM
         PIN- 787057.

         2:ARNAB BRAHMA
         S/O LATE JATINDRA NATH BRAHMA

         VILL.- WARD NO. 3
         STATION ROAD
         P.S.- DHEMAJI
         DIST.- DHEMAJI
         ASSAM
         PIN- 787057.
                                                                       Page No.# 2/3


          3:AKASH BRAHMA
          D/O LATE JATINDRA NATH BRAHMA

          VILL.- WARD NO. 3
          STATION ROAD
          P.S.- DHEMAJI
          DIST.- DHEMAJI
          ASSAM
          PIN- 787057.

          4:JUTI WARY
          S/O SRI MANJIT WARY

          VILL.- DHARMAPUR
          JONEKARENG
          P.S.- JONAI
          DIST.- DHEMAJI
          ASSAM
          PIN- 787060.

          5:NITUL DUTTA
          S/O SRI LUHIT DUTTA

          VILL.- KANDUGURI
          P.O.- KACHARI PATHER
          DIST.- DHEMAJI
          ASSAM
          PIN- 787057.
          ------------
          Advocate for : MS. M CHOUDHURY
          Advocate for : appearing for APARAJITA BRAHMA AND 4 ORS F



                               BEFORE
                HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : --21.02.2025

Heard Ms. M. Choudhury, the learned counsel for the applicant and also heard Mr. D. Mondal, the learned counsel for the claimant nos. 1, 2 & 3.

This is a petition for staying operation of impugned judgment and order Page No.# 3/3

dated 13.10.2023 passed by learned MACT No. 1, Kamrup (M), Guwahati in MAC Case No. 2158 of 2018.

It is submitted by Ms. Choudhury that the appellant/insurance company is basically challenging the quantum of the awarded compensation as it is passed without considering the clause of dependency as per notification.

Considering the submissions made by learned counsel for both sides, let the execution of impugned judgment and order dated 13.10.2023 passed by learned MACT No. 1, Kamrup (M), Guwahati is hereby stayed subject to payment of Rs. 9.50 lacs within 6 (six) weeks to the respondents.

Registry will disburse the amount after deposit by appellant as well as after proper identification and verification of the claimants.

With the above observation the IA stands disposed of.

JUDGE

Comparing Assistant