The Oriental Insurance Co Ltd vs Chandeshwar Sah And Ors
2025 Latest Caselaw 3775 Gua

Gauhati High Court

The Oriental Insurance Co Ltd vs Chandeshwar Sah And Ors on 5 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010043192025




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

                         Case No. : I.A.(Civil)/626/2025

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


          VERSUS

         CHANDESHWAR SAH AND ORS
         S/O LATE BIRJU SAH VIRJU SAH R/O VILLAGE- BERUA
         P.S.- GAIGHAT
         DISTRICT- MAUZAFARPUR
         BIHAR
         PRESENT ADDRESS R/O COTANAGAR
         MALIGAON
         C/O SURESH KUMAR
         P.O.- GOTANAGAR
         P.S.- JALUKBARI
         DISTRICT- KAMRUP(M)
         ASSAM GUWAHATI- 781011

         2:RANJIT DAD
         S/O DHARANIDAS
          C/O DINESH KUMAR
          R/O 161 NEAR BASANTI MANDIR
          GOTANGAR
          MALIGAON
          P.S.- JALUKBARI
          DISTRICT- KAMRUP(M)
         ASSAM. PIN- 781011
                                                                         Page No.# 2/3

             3:ALI HUSSIAN
            S/O ACHIR MIYA
             R/O JARIDHALANADI
             P.O.- JARIDHALANADI
             P.S.- DINHARA COOCH BIHAR
             DISTRICT- COOCH BIHAR
            WEST BENGAL PIN- 736175
             ------------
            For the Applicant(s)   : Mr. S. K. Goswami, Advocate

            For the Respondent(s)     : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 05.03.2025

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 award dated 29.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati in MAC Case No.229/2020 whereby an amount of Rs.46,39,461/- was awarded along with interest @9% per annum from the date of filing of the claim petition i.e. 05.02.2020 till realization.

2. This Court after duly considering the accompanying appeal had admitted the appeal by assigning due reasons.

3. Taking into account that the appeal has been admitted, it is the opinion of this Court that the judgment and award dated 29.11.2024 is required to be stayed subject to the deposit of the admitted amount.

4. This Court during the course of the hearing enquired with the learned counsel for the applicant as to how much the appellant Insurance Page No.# 3/3

Company admits. The learned counsel submitted that the appellant Insurance Company admits to an amount of Rs.24,93,211/-.

5. Taking into account the above, this Court stays the impugned judgment and award dated 29.11.2024 passed in MAC Case No.229/2020 till the disposal of the accompanying appeal subject to depositing the amount of Rs.24,93,211/- along with interest @9% w.e.f. 05.02.2020 till the date of actual deposit before the Registry of this Court which is required to be done within 6 (six) weeks from the date of the instant order.

6. On such deposit being made, the claimants would be at liberty to file appropriate application before the Registry of this Court for release of the said amount and the Registry after making proper verification and upon due identification and on furnishing the bank particulars, release the said amount to the claimants.

7. I.A. stands disposed of.

JUDGE

Comparing Assistant