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2025 DAILYLAW 12228 (GAU)

ORIENTAL INSURANCE COMPANY LTD. v. ATAB ALI @ ATAD ALI AND ANR.

I.A.(Civil)/1635/2025 · 2025-09-03

Susmita Phukan Khaund

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010100102025 undefined 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. Page No.# 2/2 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