Gauhati High Court
Page No.# 1/4 vs Oriental Insurance Co Ltd on 28 May, 2025
Page No.# 1/4
GAHC010097682025
2025:GAU-AS:6802
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1477/2025
NISHA RANI BEGUM
WIFE OF RAFIAL ISLAM, RESIDENT OF VILLAGE, KHARUWABANDA,
SOUTH SALMARA, DHUBRI, ASSAM
VERSUS
ORIENTAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27, ASAF ALI
ROAD, NEW DELHI 110002 WITH REGIONAL OFFICE AT GUWAHATI-7,
REPRESENTED BY THE REGIONAL MANAGER
Advocate for the Petitioner : MR D MONDAL,
Advocate for the Respondent : MR. R C PAUL,
Linked Case : MACApp./634/2024
ORIENTAL INSURANCE COMPANY LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
A-25/27 ASAF ALI ROAD
NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
ULUBARI
GUWAHATI-7
REP. BY ITS REGIONAL MANAGER.
Page No.# 2/4
VERSUS
NISHA RANI BEGUM AND 5 ORS
W/O. RAFIAL ISLAM
R/O. VILL.- KHARUWABANDA
P/O. FEKAMARI
P/S. SOPUTH SALMARA
DIST. DHUBRI
ASSAM
PIN-783135.
2:SADHANA DAS
W/O. LATE BALIRAM DAS
R/O. VILL. GITANAGAR
WARD NO. 7
P/O. BALADMARI
P/S. GAOLPARA
DIST. GOALPARA
ASSAM
PIN-783121.
3:SANAM MONDAL
S/O. SHAMSUZ ZAMAN AHMED
R/O. VILL.- JHAGRARPAR PART-I
P/O. KHALILPUR
P/S. DHUBRI
ASSAM
PIN-783325.
4:AKHTAR HUSSAIN
S/O. LATE MOHAMMAD HUSSAIN
R/O. VILL. KISMOTPUR
WARD NO.14
P/O. BALADMARI
P/S. GOALPARA
DIST. GOALPARA
ASSAM
PIN-783121
5:MOHAMMAD ALI
S/O. KADAM ALI
R/O. VILL. RAGHUPARA
P/O. FEKAMARI
P/S. SOUTH SALMARA
DIST. DHUBRI
ASSAM
Page No.# 3/4
PIN-783135.
6:CHOLA MS GENERAL INSURANCE COMPANY LIMITED
REP. BY ITS BRANCH MANAGER (LEGEL)
GUWAHATI BRANCH OFFICE
AASTHA PLAZA
7TH FLOOR
G.S. ROAD
NEAR BORA SERVICE PETROL PUMP
OPPOSITE S.D. DEORAH COLLEGE
ULUBARI
GUWAHATI
P/O. ULUBARI
P/S. PALTANBAZAR
DIST. KAMRUP(M)
ASSAM
PIN-781007.
------------
Advocate for : MR. R C PAUL
Advocate for : MR. A BHATTACHARYYA (R-6) appearing for NISHA RANI
BEGUM AND 5 ORS
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 28.05.2025
The present application has been filed by the respondent claimants, for
withdrawing 50 % of the award dated 08.08.2024, which has been deposited by
the appellant insurance company in compliance with order dated 20.12.2024
passed in I. A. (Civil) 3983/2024 arising out of MAC Appeal 634/24.
Learned counsel, Mr. D. Mondal, submits that this Court vide order dated
20.12.2024 had stayed the operation of the Judgment and award dated
08.08.2024. passed by the learned Member, MACT No. 2, Kamrup(M), Guwahati in
Mac Case No. 1956/2018, subject to the condition that the opposite party/
appellant shall deposit 50 % of the said award within a period of 4 weeks from the
date of this order.
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It is submitted that in compliance with the said order the insurance
company/appellant has already deposited the 50 % of the award dated 08.08.2024
before the Registry of this Court on 20.01.2025.
Further, it is prayed that this amount may be allowed to be withdrawn by the
claimants. The learned counsel, Mr. D. Mondal for the appellant insurance company
is present and has not objections to the said prayer provided that the claimants
execute an indemnity bond of like amount before the Registry.
Accordingly, this application is allowed.
The claimants/applicant is allowed to withdraw the said awarded amount on
execution of indemnity bond of like amount.
Registry shall do the needful after proper verification.
The application stand disposed of.
JUDGE
Comparing Assistant
