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2025 DAILYLAW 11976 (GAU)

ORIENTAL INSURANCE COMPANY LIMITED v. HIRA BALA RAY AND 6 ORS.

I.A.(Civil)/2016/2025 · 2025-10-23

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Page No.# 1/3 GAHC010095662025 undefined 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 Page No.# 2/3 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. Page No.# 3/3 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 On such deposit being made by the applicant/Insurance Company, the same shall be allowed to be withdrawn by the respondent No. 1/claimant, viz.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