Oriental Insurance Co. Ltd vs Radha Chetry And 4 Ors
2025 Latest Caselaw 1428 Gua

Gauhati High Court

Oriental Insurance Co. Ltd vs Radha Chetry And 4 Ors on 23 July, 2025

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GAHC010152332025




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

                         Case No. : I.A.(Civil)/2258/2025


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


          VERSUS

         RADHA CHETRY AND 4 ORS
         W/O. LT. GOPAL CHETRY

         2:SANTOSH SIRWAL
         S/O. LT. GOPAL CHETRY

         3:PUJA SIRWAL
         D/O. LT. GOPAL CHETRY
         ALL ARE R/O. VILL.- HATISAR
         P/S. RUNIKHATA
         DIST. CHIRANG
         BTR
         ASSAM
         PIN-783375.

         4:CHHAGANMAL SARAWGI AND SONS
         C/O. 68 SCRB ROAD
         FANCY BAZAR
         DIST. KAMRUP (M)
         ASSAM
         PIN-781001

          5:RAM PRASAD KHALIYA
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           S/O. MOHANLAL KHALIYA
           R/O. VILL.- NARODARA (RURAL)
           P/S. LAXMANGARH
           DIST. SIKAR
           RAJASTHAN
           PIN-332311
           ------------
           Advocate for : MS. M CHOUDHURY
           Advocate for : appearing for RADHA CHETRY AND 4 ORS


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 23.07.2025

Heard Ms. M. Choudhury, learned counsel for the applicant.

2. This interlocutory application, under Order 41 Rule 5, is preferred by the applicant for staying the operation of the judgment and award dated 23.04.2025, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 190/2023.

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

4. Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 23.04.2025, 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.

5. In terms of above, this application stands disposed of.

JUDGE

Comparing Assistant