The Oriental Insurance Co. Ltd vs Marami Baro @ Boro And 8 Ors
2025 Latest Caselaw 5786 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Marami Baro @ Boro And 8 Ors on 26 June, 2025

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GAHC010094302025




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

                         Case No. : I.A.(Civil)/2077/2025


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

         VERSUS

         MARAMI BARO @ BORO AND 8 ORS.
         W/O. LT. SATISH BARO @ SATISH CH. BORO

         2:PARINITA BORO @ BARO
         D/O. LT. SATISH BARO @ SATISH CH. BORO
         3:SUKHAMA BORO @ BARO
         S/O. LT. SATISH BARO @ SATISH CH. BORO

         4:MOUSOM BORO @ BARO
         S/O. LT. SATISH BARO @ SATISH CH. BORO
         ALL ARE RESIDENT OF
         VILL.- BALIJURI
         P/S. CHHAYGAON
         DIST. KAMRUP
         ASSAM
         PIN-781124.
         PRESENT ADDRESS
         C/O. MONOWARA KHATUN
         R/O. KATAHBARI
         P/S. GARCHUK
         DIST. KAMRUP (M)
         ASSAM
         PIN-781025.
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5:ARUP SARKAR
S/O. LT. ANIL SARKAR
R/O. 4TH BATTALION GATE
LUTUMA
H/NO. 16
GUWAHATI
DISTRICT KAMRUP M
ASSAM
PIN-781019

6:SAIFUL ISLAM
S/O. MD. NABAB ALI
R/O. VILLAGE ARIKATI
SONTOLI
PO MAHATOLI
PS BOKO
DISTRICT KAMRUP
ASSAM-781123

7:SHAHIDUL ISLAM
S/O. MD. ALIMUDDIN SK
R/O. VILLAGE- SIMLABARI
PO AMBARI
PS DUDHNAI
DISTRICT GOALPARA
ASSAM-781123

8:NATIONAL INSURANCE CO. LTD.
REPRESENTED BY ITS REGIONAL MANAGER
GS ROAD
BHANGAGARH
GUWAHATI-05

9:JAYANTA PRASAD BORO
S/O. LAKSHMI PRASAD BORO
R/O. VILLAGE BALIJURI
PO BAKALIPARA
PS CHHAYGAON
DISTRICT KAMRUP
ASSAM-781124
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for MARAMI BARO @ BORO AND 8 ORS.


                     BEFORE
        HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                                                        Page No.# 3/3


                                     ORDER

Date : 26.06.2025

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

2. This interlocutory application, is preferred by the applicant, for staying the judgment and award dated 29.01.2025, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M), at Guwahati.

3. Mr. Goswami, learned counsel for the applicant submits that the learned Tribunal has directed the applicant/appellant for payment of a sum of Rs. 46,61,029.30/- and further Mr. Goswami, submits that the deceased was a government servant and as such, the claimants will entitled to compensation under the conventional heads only and that the applicant is ready to deposit the amount of Rs. 2,29,900/-being the compensation under conventional heads only, before the Registry of this Court and he also submits that the till disposal of the MAC Appeal, operation of the impugned judgment and award dated 29.01.2025, may be stayed.

4. Taking note of the submission of Mr. Goswami, learned counsel for the applicant and also considering the facts and circumstances on record, this application stands allowed.

5. Subject to depositing the entire amount of Rs. 2,29,900/- being awarded under the conventional heads.

6. In terms of above, this I.A. stands closed.

JUDGE

Comparing Assistant