The Oriental Insurance Co Ltd vs Samsul Islam And 3 Ors
2025 Latest Caselaw 1706 Gua

Gauhati High Court

The Oriental Insurance Co Ltd vs Samsul Islam And 3 Ors on 3 January, 2025

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GAHC010270112024




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

                   Case No. : I.A.(Civil)/4034/2024 in MACApp./649/2024


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

          VERSUS

         SAMSUL ISLAM AND 3 ORS
         S/O. LATE CHIR UDDIN @ CHIER

         2:SHALEHA KHATUN
         W/O. MD. SAMSUL ISLAM
         (BOTH ARE PERMANENT R/O. VILL. BURUNGA
          PART-III, GANDAMARA
          P/O. HILARA, P/S. KATIGORAH
          DIST. CACHAR, ASSAM.

         3:RENU BALA DAS
         W/O. SRI SANA RANJAN DAS
         C/O. RAJEN BHARADWAJ
         R/O. A. K AZAD ROAD
         P/O. REHABARI
         P/S. PALTAN BAZAR
         DIST. KAMRUP (M)
         ASSAM, PIN-781008.

         4:SANA RANJAN DAS
         S/O. DIPCHANDRA DAS
         R/O. VILL. AND P/O. KATIRAIL
         P/S. KATIRAIL
         DIST. CACHAR
         ASSAM.
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            Advocate for : MR. S K GOSWAMI
            Advocate for : appearing for SAMSUL ISLAM AND 3 ORS



                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

03.01.2025

Heard Mr. S.K. Goswami, learned counsel for the applicant.

This interlocutory application is preferred by the applicant, Oriental Insurance Company Ltd., for staying the operation of the impugned judgment and award dated 21.09.2024, passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar, in MAC Case No.628/2017.

It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal.

Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 21.09.2024 stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today.

In terms of above, this application stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant