Oriental Insurance Company Ltd vs Atab Ali @ Atad Ali And Anr
2025 Latest Caselaw 7036 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Atab Ali @ Atad Ali And Anr on 4 September, 2025

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GAHC010100102025




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

                           Case No. : I.A.(Civil)/1635/2025



         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGIONAL OFFICE AT GUWAHATI
         G.S. ROAD
         ULUBARI
         GUWAHATI-781007 REP. BY THE MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI-781007.


          VERSUS

         ATAB ALI @ ATAD ALI AND ANR.
         S/O. LT. NIJAM UDDIN
         R/O. VILL.- NADIR KA
         P/O. AND P/S. DALGAON
         DIST. DARRANG
         ASSAM
         PIN-784116

         2:ABDUL KARIM
         S/O. MAJIBAR RAHMAN
          R/O. VILL.- NO. 2 ADAVETI
          P/O. TEWARIPAL
          P/S. CHATIA
          DIST. SONITPUR
         ASSAM
          PIN-784175.
          ------------
         Advocate for : MR. S P SHARMA
         Advocate for : appearing for ATAB ALI @ ATAD ALI AND ANR.
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                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

04.09.2025

Learned counsel Mr. S. P. Sarma is present for the insurer and has filed this application with prayer to stay the judgment and award dated 06.02.2025 passed by the learned Member, MACT No.2 Kamrup (M) in MAC Case No. 211/2019.

2. It is submitted that the insurance company could prove that the driver of the offending vehicle did not have a driving license but the learned Tribunal passed an order directing the insurance company to pay the compensation to the claimants.

3. Learned counsel Mr. A. R. Agarwal is present on behalf of the respondent no.1.

4. After considering the submissions at the Bar, it appears that the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 06.02.2025 passed by the learned Member, MACT No.2 Kamrup (M) in MAC Case No. 211/2019 is stayed until further orders subject to the condition that the applicant deposits 50% of the compensation amount before the Registry of this Court within 4 (four) weeks from the date of this order.

5. In terms of the above observation, this application stands disposed of.

JUDGE

Comparing Assistant