Oriental Insurance Company Ltd vs Gujurash Borgoyary And 3 Ors
2025 Latest Caselaw 5847 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Gujurash Borgoyary And 3 Ors on 27 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010137852025




                                                           undefined

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

                        Case No. : I.A.(Civil)/2094/2025


         ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING)
          HAVING ITS REGIONAL OFFICE AT GUWAHATI
          G.S. ROAD
          ULUBARI
          GUWAHATI-781007 REP. BY THE MANAGER
          GAUHATI REGIONAL OFFICE
          ULUBARI
          GUWAHATI781007.


          VERSUS

         GUJURASH BORGOYARY AND 3 ORS.
         S/O. LT. AMRIT @ AMABRIT BORGOYARY
         R/O. VILL.- NASRAIBIL
         P/O SORAIBIL
         DIST. KOKRAJHAR
         BTR
         ASSAM
         PIN-783350. PRESENT ADDRESS- KODOMTALI
         DIST. CHIRANG (BTR)
         ASSAM-783385

         2:SUMIT SANGWAN
         S/O. BALJIT SINGH SANGWAN
          R/O. RZ-75 SAYED NANGLOI PACHIM VIHAR
          P/O.SUNDER VIHAR
         WEST DELHI
          DELHI-110087.

         3:ASHA RAM SAXENA
         S/O. DIWARI LAL
                                                                         Page No.# 2/3

            R/O. KHADE DEWAR
            P/O. GURSAHAIGANJ
            DIST. CHHIBBRAMAU
            UTTAR PRADESH
            PIN-209722.
            PRESENT ADDRESS-
            C/O. SUMIT SANGWAN
            S/O. BALJIT SINGH SANGWAN
            R/O. RZ-75 SAYED NANGLOI PACHIM VIHAR
            P/O. SUNDER VIHAR
            WEST DELHI
            DELHI
            PIN-110087.

            4:NIRENDRA BASUMATARY
            S/O. LT. DUBANG BASUMATARY
            R/O. VILL.-SURIPARA
            P/O. SORAIBIL
            DIST. KOKRAJHAR
            BTR
            ASSAM
            PIN-783350.
            ------------
            For the Applicant(s)       : Ms. R. D. Mozumdar, Advocate

            For the Respondent(s)        : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 27.06.2025

Issue notice making it returnable on 15.10.2025.

2. The applicant is directed to take steps upon the respondents by way of Registered Post with A/D as well as through usual process within 7 (three) days.

3. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short 'the Code') for stay of the judgment and Page No.# 3/3

award dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC Case No.14/2024.

4. This Court has already admitted the accompanying appeal.

5. Taking into account the materials on record and the grounds of objection, this Court is of the opinion that the impugned judgment and order dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC Case No.14/2024 is required to be stayed, subject to deposit of Rs.84,700/- along with interest @6% per annum from the date of filing of the claim proceedings before the Registry of this Court within 6 (six) weeks from today.

6. Accordingly, the judgment and order dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC Case No.14/2024 is stayed till the next date subject to deposit Rs.84,700/- along with interest @6% per annum from the date of filing of the claim proceedings before the Registry of this Court within 6(six) weeks from today.

7. The claimant shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimant.

8. List accordingly.

JUDGE Comparing Assistant