Matias Tanti @ Matius @ Matiyach Dongri ... vs Oriental Insurance Company Ltd And 2 Ors
2025 Latest Caselaw 1863 Gua

Gauhati High Court

Matias Tanti @ Matius @ Matiyach Dongri ... vs Oriental Insurance Company Ltd And 2 Ors on 9 January, 2025

                                                                          Page No.# 1/4

GAHC010269542024




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

                                Case No. : I.A.(Civil)/4043/2024

            MATIAS TANTI @ MATIUS @ MATIYACH DONGRI AND 2 ORS
            S/O CHAU TANTI@ SAHU DANGRI RESIDENT OF VILLAGE AMARIBARI T.E
            , PO AND PS RANGAPARA, DIST SONITPUR, ASSAM 784101



            VERSUS

            ORIENTAL INSURANCE COMPANY LTD AND 2 ORS
            - A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
            GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007, REPRESENTED BY
            THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
            GUWAHATI 781007

            2:SHRI CHAU DANGRI @ SAHU
             S/O LATE RAGHU DANGRI
            RESIDENT OF VILLAGE AMARIBARI T.E
             PO AND PS RANGAPARA
             DIST SONITPUR
            ASSAM 784101

            3:SRI RISHI PAL SINGH TANWAR
             S/O SUMER SINGH @ S.S TANWAR
            RESIDENT OF BARAI T.E
            PO AND PS HELEM

            DIST BISWANATH CHARIALI
            ASSAM 78417

Advocate for the Petitioner   : MR. A T SARKAR, MR. S P SHARMA,MS. C MOZUMDAR

Advocate for the Respondent : MR D MAZUMDER, FOR CAVEATOR
                                                               Page No.# 2/4




Linked Case : MACApp./323/2024

ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
GUWAHATI
GS ROAD
ULUBARI
GUWAHATI 781007
REPRESENTED BY THE DEPUTY MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI 781007


VERSUS

MATIAS TANTI @ MATIUS @ MATIYACH DONGRI AND 2 ORS F
S/O CHAU TANTI@ SAHU DANGRI RESIDENT OF VILLAGE AMARIBARI T.E
PO AND PS RANGAPARA
DIST SONITPUR
ASSAM 784101

2:SHRI CHAU DANGRI @ SAHU
S/O LATE RAGHU DANGRI
RESIDENT OF VILLAGE AMARIBARI T.E
 PO AND PS RANGAPARA
 DIST SONITPUR
ASSAM 784101

3:SRI RISHI PAL SINGH TANWAR
S/O SUMER SINGH @ S.S TANWAR
RESIDENT OF BARAI T.E
PO AND PS HELEM

DIST BISWANATH CHARIALI
ASSAM 784171
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. A T SARKAR appearing for MATIAS TANTI @ MATIUS @
MATIYACH DONGRI AND 2 ORS F



Linked Case : I.A.(Civil)/4030/2024
                                                             Page No.# 3/4

ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
GUWAHATI
GS ROAD
ULUBARI
GUWAHATI 781007
REPRESENTED BY THE DEPUTY MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI 781007


VERSUS

MATIAS TANTI @ MATIUS @ MATIYACH DONGRI AND 2 ORS
S/O CHAU TANTI@ SAHU DANGRI RESIDENT OF VILLAGE AMARIBARI T.E
PO AND PS RANGAPARA
DIST SONITPUR
ASSAM 784101

2:SHRI CHAU DANGRI @ SAHU
S/O LATE RAGHU DANGRI
RESIDENT OF VILLAGE AMARIBARI T.E
 PO AND PS RANGAPARA
 DIST SONITPUR
ASSAM 784101

3:SRI RISHI PAL SINGH TANWAR
S/O SUMER SINGH @ S.S TANWAR
RESIDENT OF BARAI T.E
PO AND PS HELEM

DIST BISWANATH CHARIALI
ASSAM 784171
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for MATIAS TANTI @ MATIUS @ MATIYACH DONGRI
AND 2 ORS
                                                                    Page No.# 4/4


                                  BEFORE
                  HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                    ORDER

Date : 09.01.2025

It appears that the instant Interlocutory Application is for seeking direction to the Insurance Company/appellant to release 70% of the awarded amount to the applicant during the pendency of the appeal pursuant to the Judgment and Award dated 12.10.2023 passed by the learned Member MACT No.1, Kamrup (M) at Guwahati in MAC Case No.2065/2017.

It is submitted at the bar that the Insurance Company after filing the accompanying appeal has also filed an Interlocutory Application being I.A.(Civil) No.4030/2024 seeking stay of the Judgment and Award dated 12.10.2023 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M), Guwahati, in MAC Case No.2065/2017.

Let both the Interlocutory Application be taken up for consideration together on 21.01.2025.

JUDGE

Comparing Assistant