Oriental Insurance Company Ltd vs Panna Deb And 6 Ors
2025 Latest Caselaw 8288 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Panna Deb And 6 Ors on 3 November, 2025

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GAHC010253272024




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

                          Case No. : I.A.(Civil)/3495/2025



         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
         GUWAHATI-781007.


          VERSUS

         PANNA DEB AND 6 ORS
         W/O. LT. MANMATHA @ MANMOTH DEB @ MANMATH DEB


         ------------
         Advocate for : MS. C MOZUMDAR
         Advocate for : appearing for PANNA DEB AND 6 ORS
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                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 03.11.2025

1. Heard Ms. R. D. Mazumdar, the learned counsel for the applicant.

2. This Interlocutory Application has been filed under Order 41 Rule 5 of the Code of Civil Procedure praying of stay of execution of judgement and award dated 29.08.2024 passed by the learned Motor Accidents Claims Tribunal, Cacher at Silchar in MAC Case No. 448/2018 whereby an amount of Rs. 26,05,000/- was directed to be paid a compensation to the opposite parties- claimant.

3. The learned counsel for the applicant has submitted that the aforesaid judgment and award passed by the Motor Accident Claims Tribunal, Cachar has already been impugned by the present applicant by filing the connected MAC Appeal No. 491/2025.

4. As this Court is inclined to allow this Interlocutory Application with a condition precedent that the Insurance Company shall deposit 50% of the awarded amount before the Registry of this Court. It is not inclined to issue notice to the opposite parties at this stage in this Interlocutory application.

5. Accordingly, this Interlocutory Application is disposed of with a direction that during the pendency of the connected MAC Appeal No. 491/2025 the Execution of the impugned judgment and award dated 29.08.2024 passed in MAC Case No. 448/2018 remained stayed during the pendency of the connected MAC appeal subject to condition that the applicant Insurance Company shall deposit 50% of the awarded amount before the Registry within four weeks.

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6. This Interlocutory Application is accordingly, disposed of.

JUDGE

Comparing Assistant