The Oriental Insurance Co. Ltd vs Habija Begum And 3 Ors
2025 Latest Caselaw 7870 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Habija Begum And 3 Ors on 17 October, 2025

                                                                  Page No.# 1/4

GAHC010146252025




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

                        Case No. : I.A.(Civil)/3313/2025


         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGD. UNDER THE COMPANIES ACT
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI-07
         DIST. KAMRUP (M)
         ASSAM.


          VERSUS

         HABIJA BEGUM AND 3 ORS.
         W/O. LT. BADRUL ISLAM
         R/O. VILL.- MOKOIBHANGA
         P/O. BHANGABAZAR
         P/S. BADARPUR
         DIST. SRIBHUMI
         ASSAM
         PIN-788805.

         2:HUSNA BEGUM @ HUSNARA BEGUM
         D/O. LT. SAMSUDDIN @ SAMAR UDDIN
          R/O. VILL.- MAKAIBANGA
          (KAZIRGRAM)
          P/S. BADARPUR
          DIST. SRIBHUMI
         ASSAM
          PIN-788701

         3:AJMOL HUSSAIN
         S/O. ANU BAKKAR
         R/O. VILL.- NAYAGRAM
         P/S. BADARPUR
                                                          Page No.# 2/4

DIST. SRIBHUMI
ASSAM
PIN-788719

4:RUHIT PAUL
S/O. LT. RUPOK PAUL
R/O. VILL.- MIRJAPUR
P/S. BADARPUR
DIST. SRIBHUMI
ASSAM
PIN-788701.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for HABIJA BEGUM AND 3 ORS.


                                    In

                           MACApp./470/2025

           THE ORIENTAL INSURANCE CO. LTD.
           A COMPANY REGD UNDER THE COMPANIES ACT, REP. BY
           ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-07, DIST.
           KAMRUP (M), ASSAM.



           VERSUS

           HABIJA BEGUM AND 3 ORS
           W/O. LT. BADRUL ISLAM, R/O. VILL.- MOKOIBHANGA, P/O.
           BHANGABAZAR, P/S. BADARPUR, DIST. SRIBHUMI, ASSAM,
           PIN-788805.

           2:HUSNA BEGUM @ HUSNARA BEGUM
            D/O. LT. SAMSUDDIN @ SAMAR UDDIN
            R/O. VILL.- MAKAIBANGA
            (KAZIRGRAM)
            P/S. BADARPUR
            DIST. SRIBHUMI
           ASSAM
            PIN-788701

           3:AJMOL HUSSAIN
            S/O. ANU BAKKAR
            R/O. VILL.- NAYAGRAM
            P/S. BADARPUR
                                                                            Page No.# 3/4

                         DIST. SRIBHUMI
                         ASSAM
                         PIN-788719

                        4:RUHIT PAUL
                         S/O. LT. RUPOK PAUL
                         R/O. VILL.- MIRJAPUR
                         P/S. BADARPUR
                         DIST. SRIBHUMI
                        ASSAM
                         PIN-788701

            Advocate for the Petitioner   : MR. S K GOSWAMI, MS P SARMA,MR. R
            SHARMA

            Advocate for the Respondent : ,


                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

17.10.2025

1. Heard Mr. R. Sharma, the learned counsel for the applicant.

2. This interlocutory application has been filed by the applicant insurance company praying for stay of the execution of the judgment and award dated 07.04.2025, passed by the learned Member, MACT, Hailakandi, in MAC Case No. 115/2021, whereby, an award of Rs. 27, 28, 000/- (Rupees Twenty Seven Lakh Twenty Eight Thousand only) was awarded in favour of the claimants/opposite parties.

3. Since the applicant has impugned the aforesaid judgment in the connected MAC Appeal No. 470/2025 and mainly on the point of quantum of the awarded amount and since the applicant insurance company is ready to deposit 50 % of the awarded amount as a condition precedent for staying the execution of the aforesaid award, notice to the respondent is waived in this interlocutory application.

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4. Accordingly, the execution of the judgment and award dated 07.04.2025, passed by the learned MACT, Hailakandi in MAC Case No. 115/2021, which has been impugned in the connected MAC Appeal No. 470/2025 is hereby stayed, subject to the condition that the applicant insurance company shall deposit 50 % of the awarded amount before the Registry of this Court within a period of 4(four) weeks, from the date of this order.

5. This Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant