Oriental Insurance Co Ltd vs Rupjan Nessa And 3 Ors
2025 Latest Caselaw 5142 Gua

Gauhati High Court

Oriental Insurance Co Ltd vs Rupjan Nessa And 3 Ors on 30 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010108762025




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

         I.A.(Civil)/1699/2025

         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-07
         REP. BY THE REGIONAL MANAGER.


          VERSUS

         RUPJAN NESSA AND 3 ORS.
         W/O. LT. SAIFUL ISLAM.

         2:SALEHA KHATUN
         D/O. LT. SAIFUL ISLAM. RESPONDENT NO. 2 IS THE MINOR AND REP. BY
         RESPONDENT NO. 1 R/O. VILLAGE MAHERIPAR
          PS JURIA
          DISTRICT NAGAON
         ASSAM
          PIN-782124.

         3:REKIB UDDIN AHEMED
         S/O. MD. IBRAHIM ALI
         R/O. VILLAGE BAGURIGURI
         PS JURIA
         DISTRICT NAGAON
         ASSAM
         PIN-782124.

         4:TEHERUL ISLAM
         S/O. LT. HAJARAT ALI
         R/O. JYOTI NAGAR
         BL-4
                                                                      Page No.# 2/3

          H/NO. 208
          BAMUNIMAIDAN
          CHANDMARI
          KAMRUP M
          ASSAM
          PIN-781021
          ------------




Advocate for the applicant(s): Ms. M Choudhury


Advocate for the respondent(s):


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

30.05.2025

This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the impugned judgment and award dated 06.02.2025 passed by the Member, Motor Accident Claims Tribunal Nagaon in MAC Case No.364/2021.

2. Taking into account the grounds of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 06.02.2025 passed by the Member, Motor Accident Claims Tribunal Nagaon in MAC Case No.364/2021 till the disposal of the accompanying appeal subject to deposit of 50% of the awarded amount along with the applicable interest from the date of filing of the claim application before the Registry of this Court within 6 (six) weeks from the date of the instant order.

Page No.# 3/3

3. On such deposit being made, the claimants shall be at liberty to file appropriate application before the Registry of this Court for release of the said amount 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 claimants.

4. Interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant