Gauhati High Court
The Oriental Insurance Co. Ltd vs Smti. Sobha Sinha And 4 Ors on 27 October, 2025
Page No.# 1/3
GAHC010012272024
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : : I.A.(Civil)/3382/2025
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI- 7
DIST.- KAMRUP(M)
ASSAM.
VERSUS
SMTI. SOBHA SINHA AND 4 ORS.
W/O LATERAJIB AHMED@ RAJIBUDDIN
2:SMTI. SHINY SINHA
D/O LATE RAJIB AHMED
3:SMTI. SUSMITA SINHA
D/O LATE RAJIB AHMED
ALL ARE RESIDENTS OF B.P CHALIHA NAGAR
P.O.- BAMUNIMAIDAM
GUWAHATI
ASSAM
4:MD HAMIDUR RAHMAN
S/O AJIAL HOQUE
R/O. VILL.- HATIGAON
BHETAPARA RD
HOUSE NO 144
P.O.- DISPUR
DIST.- KAMRUP
ASSAM
Page No.# 2/3
5:SRI PRANAB BAISHYA
S/O LATE UPEN BAISHYA
R/O.- VILL.- TARMATHA
P.O.- ARIKUCHI P.S.- NALBARI
------------
Advocate for : MR. S K GOSWAMI ( R
Advocate for : MR A N IQBAL appearing for SMTI. SOBHA SINHA AND 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 27.10.2025
1. Heard Mr. S. K. Goswami, the learned counsel for the applicant.
Also heard Mr. A. N. Iqbal, the learned counsel for the opposite party Nos.
1, 2 and 3.
2. This Interlocutory Application has been filed by the applicant for
stay of execution of judgment and award dated 05.10.2023 passed by the
Motor Accident Claim Tribunal No.2, Kamrup (Metro) along with the MAC
2406/2018, whereby the compensation amount of Rs.55,10,703.90/- was
awarded in favour of the claimant-respondent.
3. The learned counsel for the applicant has submitted that the
present applicant has impugned the aforesaid judgment and award by
preferring the connected MAC Appeal No. 653/2024.
4. He further submits that the appeal has already been admitted
and notices have been issued to the respondent side.
5. He further submits that the applicant Insurance Company is
ready to deposit 50% of the awarded amount as a condition for grant of
stay of execution of the impugned judgment and award.
6. Since, Mr. A. N. Iqbal, the learned counsel has appeared for
Page No.# 3/3
claimant/respondent Nos. 1, 2 and 3 and since they are the beneficiary of
the impugned judgment and award, notices to the respondent Nos. 4 and
5 is waived in this Interlocutory Application.
7. Considering the submissions made by the learned counsel for
the applicant, this Interlocutory Application is allowed.
8. The execution of the impugned judgment and award mentioned
herein above shall remain stayed during the pendency of the connected
MAC Appeal No. 653/2024 subject to the payment of the 50% of the
awarded amount by the applicant before the Registry of this Court within
a period of six weeks from the date of this order. In the event, the said
amount is deposited by the present applicant, the Registry shall disburse
the same to the claimant-respondent Nos. 1, 2 and 3.
9. In terms of the order passed by the learned Member, Motor
Accident Claim Tribunal No.2, Kamrup (Metro) in the impugned judgment
regarding the apportionment of the award amongst the claimants, after
the proper verification and identification of the claimant.
10. The 50% of the amount is directed to be kept as fixed deposit by
the Motor Accident Claim Tribunal in the impugned judgment and award
should be kept as fixed deposit out of the disbursed amount. The
Remaining amount shall be released to the claimant.
11. This Interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
