Oriental Insurance Company Ltd vs Pate Kalita And 5 Ors
2025 Latest Caselaw 7811 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Pate Kalita And 5 Ors on 15 October, 2025

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GAHC010224162025




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

                         Case No. : I.A.(Civil)/3298/2025

         ORIENTAL INSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI
         G.S. ROAD
         ULUBARI
         GUWAHATI - 781 007 REPRESENTED BY THE MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI - 781007


          VERSUS

         PATE KALITA AND 5 ORS.
         W/O SRI SATISH KALITA

         2:SATISH KALITA
         S/O LATE JAGAT KALITA

         3:SARASWATI KALITA
         D/O SRI SATISH KALITA

         4:BRITISH KALITA
         S/O SRI SATISH KALITA
         ALL ARE RESIDENT OF VILLAGE - BARTEZPUR
         P.O. AND P.S. - PALASHBARI
         DISTRICT - KAMRUP R
         ASSAM. PIN -781128

         5:RATUL NATH
         S/O BIPIN NATH
         R/O. - VILLAGE - BATAKUCHI
         P.O. AND P.S. CHHAYGAON
         DISTRICT - KAMRUP R
                                                                            Page No.# 2/3

            ASSAM. PIN -781124

           6:INAL HAQUE
           S/O FARID ALI
           R/O. - VILLAGE - PACHGUMI SALMARA
           P.O. - AGGUMI
           P.S. - CHHAYGAON
           DISTRICT - KAMRUP R
           ASSAM. PIN-781137
           ------------
           Advocate for : MR. S P SHARMA
           Advocate for : appearing for PATE KALITA AND 5 ORS.



                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 15.10.2025

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

2. This application has been filed by the appellant/Insurance Company in connection with MAC Appeal No. 466/2025 praying for stay of execution of the Judgment and Order dated 07.07.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati in MAC Case No. 616/2021.

3. Since, the learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the award amount as a condition of the staying the execution of the said award, subject to the condition that same may not be withdrawn by the claimant without leave of this Court, this Court dispense with the notice to the opposite party and allows the instant interlocutory application.

4. The execution of Judgment and Order dated 07.07.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati in MAC Case No. 616/2021 is hereby stayed during the pendency of the connected MAC Appeal No. 466/2025, subject to the condition that the applicant/appellant shall Page No.# 3/3

deposit 50% of the awarded amount to the Registry of this Court within a period of six weeks from the date of this order.

5. This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant