Page No.# 1/6 GAHC010230452024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3395/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REP. BY ITS REGIONAL MANAGER ULUBARI GHY-7 DIST. KAMRUP ASSAM. VERSUS MANJU SAIKIA @ MANJULA DEKA AND3 ORS W/O. LATE RATNESWAR SAIKIA 2:TRIDIP SAIKIA S/O. LATE RATNESWAR SAIKIA BOTH ARE R/O.- VIIL- RANGMAHAL (NAZIRA KHAT) P/O. RANGMAHAL P/S. CHANGSARI DIST. KAMRUP(R) ASSAM. 3:AUTOMOBILES CARRIERS TPC GATE KOHIMA NAGALAND PIN-797001. 4:AMOD PAL S/O. RAM SEWAK R/O. VILL.-NAVADA PATTI THAKURGAON P/O. POORA KALAN Page No.# 2/6 BIDHUNA AURAIYA UTTER PRADESH PIN-206244 ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for MANJU SAIKIA @ MANJULA DEKA AND3 ORS in MACApp./577/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REP. BY ITS REGIONAL MANAGER, ULUBARI, GHY-7, DIST. KAMRUP, ASSAM. VERSUS MANJU SAIKIA @ MANJULA DEKA AND 3 ORS W/O. LATE RATNESWAR SAIKIA 2:TRIDIP SAIKIA S/O. LATE RATNESWAR SAIKIA BOTH ARE R/O.- VIIL- RANGMAHAL (NAZIRA KHAT) P/O. RANGMAHAL P/S. CHANGSARI DIST. KAMRUP(R) ASSAM. 3:AUTOMOBILES CARRIERS TPC GATE KOHIMA NAGALAND PIN-797001. 4:AMOD PAL S/O. RAM SEWAK R/O. VILL.-NAVADA PATTI THAKURGAON P/O. POORA KALAN BIDHUNA AURAIYA Page No.# 3/6 UTTER PRADESH PIN-20624 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR D MONDAL(R-1,2), BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 27.07.2026 [1] Heard Mr. S. Sharma, the learned counsel for the applicant. Also heard Mr. D. Mondal, the learned counsel for the respondent Nos. 1 and 2/claimants. [2] This interlocutory application under Order 41, Rule 5 of the Code of Civil Procedure, 1908 has been filed by the Oriental Insurance Co. Ltd. in connection with MAC Appeal No. 577/2024, praying for stay of execution of the impugned judgment and award dated 05.08.2024, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M) in MAC Case No. 1982/2017. [3] The learned counsel for the applicant has submitted that the connected MAC Appeal No. 577/2024, has been admitted and hence, the impugned judgment and award is required to be stayed during pendency of the connected MACAppeal. [4] He submits that the Motor Accident Claims Tribunal has awarded compensation against the head loss of dependence to the tune of Rs. 41,11,888/-, which he submits that claimants are not entitled to, in view of Page No.# 4/6 the Notification No. FEG.28/2017/26 dated 14th September, 2017 which provides for Scheme for Compassionate Family Pension in view of Compassionate Appointment for those employees, who died in harness on or after 01.04.2017. [5] The learned counsel for the applicant submits that since the deceased was a State Government employee, the present claimants/respondents, who are the defendants of the deceased, are entitled to get benefit of the Scheme for Compassionate Family Pension. As such, they would not suffer any loss of dependency and, therefore, they are not entitled to compensation on account of loss of dependency. He further submits that the insurance company is however, agreeable to deposit the compensation awarded against conventional heads, which comes to Rs. 1,32,000/- along with interest, which accrues thereon. [6] The learned counsel for the respondents/claimants, on the other hand, in referring to a judgment of the co-ordinate bench of this court in the case of Oriental Insurance Co. Ltd Vs. Putoli Barman (Judgment dated 24.03.2026 in MACAppeal No. 573/2025) has submitted that the respondents/claimants would be entitled to get compensation against loss of future prospects, which would come to about Rs. 6,16,783/- and the applicant may be directed to deposit Page No.# 5/6 the same as a condition for grant of stay of the impugned judgment and award during the pendency of the connected appeal. [7] I have considered the submissions made by the learned counsel for both sides. [8] On perusal of the impugned judgment and award, it appears that while assessing the compensation to be awarded against the head loss of dependency, the Tribunal have not added any amount there to against loss of future prospects. Hence, the plea raised by the learned counsel for the claimants/respondents cannot be exceeded to at this stage. Though same may be considered at the time of final hearing of the connected appeal. [9] As such, this court is of the considered opinion that ends of justice would be served if the execution of the impugned judgment and award, is stayed during the pendency of the connected appeal, subject to deposit of the amount which was assessed by the Tribunal against conventional heads, i.e., Rs. 1,32,000/-, along with interest. [10] The instant interlocutory application is, therefore, allowed. [11] The execution of the impugned judgment and award is hereby stayed, subject to deposit of an amount of Rs. Rs. 1,32,000/- along with interest, by the Page No.# 6/6 applicant/insurance company before the Registry of this court within a period of 4(four) weeks from the date of this order. If the said amount is deposited, same shall be disbursed to the claimant No. 1 by the Registry after proper verification. [12] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant