Oriental Insurance Company Limited vs Hira Bala Ray And 6 Ors
2025 Latest Caselaw 8018 Gua

Gauhati High Court

Oriental Insurance Company Limited vs Hira Bala Ray And 6 Ors on 24 October, 2025

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GAHC010095662025




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

                         Case No. : I.A.(Civil)/2016/2025




         ORIENTAL INSURANCE COMPANY LIMITED
         A COMPANY REGD. UNDER THE COMPANIES ACT
         REP. BY ITS REGIONAL MANAGER
         ULUBARI
         GWAHATI-7
         DIST. KAMRUP
         ASSAM.


          VERSUS

         HIRA BALA RAY AND 6 ORS.
         W/O. LT. SURESH RAY MANDAL

         2:KANA BALA RAY
         W/O. LT. SARABESHWAR RAY MANDAL

         3:PAPORI RAY
         D/O. LT. SURESH RAY MANDAL

         4:NABONITA RAY
         D/O. LT. SURESH RAY MANDAL
         ALL ARE R/O. VILL.- VILL.- DUMARDAHA PART-V
         P/O. BALAJAN
         P/S. GAURIPUR
         DIST. DHUBRI
         ASSAM
         PIN-783331.

         5:NURJAMAL HAQUE
         S/O. TAIYAB ALI
         R/O. VILL.- KHUDIMARI PART-I
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           P/O. KHUDIMARI
           P/S. GAURIPUR
           DIST. DHUBRI
           ASSAM
           PIN-783331

          6:AZIZ SK
          S/O. NURUL BEPARI
          R/O. VILL.- NEW GHAT
          WARD NO. 12
          P/O. A.M. CO. ROAD
          P/S. AND DIST. DHUBRI
          ASSAM
          PIN783323

          7:NUR AMIN MOLLAH
          S/O/ RAHIM MOLLAH
          R/O. VILL. AND P/O. KHUDIMARI
          P/S. GAURIPUR
          DIST. DHUBRI
          ASSAM
          PIN-783331
          ------------
          Advocate for : MS L SHARMA
          Advocate for : MR. A R AGARWALA appearing for HIRA BALA RAY AND 6 ORS.



                               BEFORE
                   HONOURABLE MR. JUSTICE BUDI HABUNG
                               ORDER

24.10.2025

Heard Ms. L. Sharma, learned counsel for the applicant/Insurance Company. Also heard Mr. A. R. Agarwala, learned counsel for the respondent Nos. 1 to 4.

2. This is an application praying for stay of the operation of the judgment and award dated 29.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 46/2021.

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3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and award dated 29.10.2024, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 46/2021, shall remain stayed, subject to the condition that the applicant/Insurance Company deposits 50% of the total awarded amount before the Registry of this Court within a period of 4 (four) weeks from today.

4. On such deposit being made by the applicant/Insurance Company, the same shall be allowed to be withdrawn by the respondent No. 1/claimant, viz. Smti. Hira Bala Ray representing the other respondent Nos. 2, 3, and 4/claimants, on proper identification and upon following the due process of verification as notified by the Registry of this Court from time to time.

5. With the above directions, the interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant