Page No.# 1/3 vs Majibur Rahman And4 Ors . A
2025 Latest Caselaw 1905 Gua

Gauhati High Court

Page No.# 1/3 vs Majibur Rahman And4 Ors . A on 10 January, 2025

                                                                  Page No.# 1/3

GAHC010255822022




                                                           undefined

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

                        Case No. : I.A.(Civil)/4078/2024

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

          VERSUS

         MAJIBUR RAHMAN AND4 ORS . A
         S/O LATE HUSSAIN ALI
         VILL.- UDALGURI NEPALI GAON
         P.O.- DHANSIRI BAZAR
         P.S.- ORANG
         DIST.- UDALGURI
         B.T.A.D. ASSAM
         PIN- 784114.

         2:RANA DEV SAIKIA
         S/O GUNA KANTA SAIKIA
          R/O WARD NO. 7
          N.T. ROAD
          NORTH LAKHIMPUR
          P.O. AND P.S.- NORTH LAKHIMPUR
          DIST.- NORTH LAKHIMPUR
         ASSAM
          PIN- 787001.

         3:MD. JAHANGIR ALAM
         S/O ABDUL WAHIB
         VILL.- FASALPUR DHUBURI
         P.O. AND P.S.- DHUBURI
         DIST.- DHUBURI
         ASSAM
         PIN- 783301.
                                                                      Page No.# 2/3



          4:PARIMAL DAS
          S/O LATE J. CHANDRA DAS
          VILL.- NO. 2
          DARRANG BAHJHER
          P.O.- SILBORI
          P.S.- DALGAON
          DIST.- DARRANG
          ASSAM
          PIN- 784148.

          5:NATIONAL INSURANCE COMPANY LIMITED
          MANGALDAI BRANCH
          REP. BY ITS REGIONAL MANAGER
          G.S. ROAD
          BHANGAGARH
          GUWAHATI- 05.
          ------------
          Advocate for : MR. S K GOSWAMI
          Advocate for : appearing for MAJIBUR RAHMAN AND4 ORS . A


                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                ORDER

10.01.2025

Heard Mr. S.K. Goswami, learned counsel for the applicant; Mr. B.K. Das, learned counsel for the opposite party No. 1; and Mr. S.P. Sharma, learned counsel for the opposite party No. 5.

2. This interlocutory application is preferred by the applicant for staying the operation of Judgment and Award dated 11.03.2022, passed by the learned Member, M.A.C.T., Udalguri, in M.A.C. Case No. 17/2017.

3. It is to be noted here that vide impugned Judgment and Award dated 11.03.2022, the learned Member, M.A.C.T., Udalguri has directed the appellant to pay a sum of Rs. 3,57,900/- to the claimants as compensation along with interest @ 6% per annum from the date of filing of the claim petition, till Page No.# 3/3

realization.

4. As agreed by learned counsel for both the parties, it is provided that till disposal of the connected appeal, i.e. M.A.C. Appeal No. 655/2024, the operation of the Judgment and Award dated 11.03.2022, passed by the learned Member, M.A.C.T., Udalguri, in M.A.C. Case No. 17/2017, stands stayed, subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this court, within a period of 15 (fifteen) days from today.

5. In terms of above, this I.A. stands disposed of.

6. The respondent No. 1 is allowed to withdraw the amount on proper adjudication.

JUDGE Comparing Assistant