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2025 DAILYLAW 13899 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. PAHARI ROY AND 2 ORS

I.A.(Civil)/2717/2025 · 2025-08-19

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010124342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(Civil) 2717/2025 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-781007. VERSUS PAHARI ROY AND 2 ORS. W/O. LT. CHERU ROY 2:CHANDRA ROY S/O. LT. CHERU ROY BOTH ARE R/O. VILL.- GOGLAPARA WARD NO. 4 P/O. AND P/S. BASUGAON DIST. CHIRANG BTR ASSAM PIN-783372. 3:KHANIN ROY S/O. ANIL ROY R/O. VILL.- GOGLAPARA WARD NO. 4 P/O. AND P/S. BASUGAON DIST. CHIRANG BTR ASSAM-783372 Advocate for the Petitioner : MR. S P SHARMA, MS. R D MOZUMDAR,MS. C MOZUMDAR Advocate for the Respondent : , Page No.# 2/3 Linked Case : MACApp./376/2025 ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI-781007 REP. BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI-781007. VERSUS PAHARI ROY AND 2 ORS W/O. LT. CHERU ROY 2:CHANDRA ROY S/O. LT. CHERU ROY BOTH ARE R/O. VILL.- GOGLAPARA WARD NO. 4 P/O. AND P/S. BASUGAON DIST. CHIRANG BTR ASSAM PIN-783372. 3:KHANIN ROY S/O. ANIL ROY R/O. VILL.- GOGLAPARA WARD NO. 4 P/O. AND P/S. BASUGAON DIST. CHIRANG BTR ASSAM-783372. ------------ Advocate for : MR. S P SHARMA Advocate for : appearing for PAHARI ROY AND 2 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 20.08.2025 Heard Ms. R. D. Mozumdar, learned counsel appearing on behalf of the applicant/Insurance Company. This is an application preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and order, dated 28.02.2025, passed by the learned Member, Motor Accident Claim Tribunal, Chirang, Kajalgaon, in MAC(Death) Case No. 23/2023. Since the connected appeal has already been admitted by the Court today; hence, it is hereby directed that the effect and operation of the impugned judgment and order, dated 28.02.2025, passed by the learned Member, Motor Accident Claim Tribunal, Chirang, Kajalgaon, in MAC(Death) Case No. 23/2023, shall remain stayed subject to deposit of 50% of the total awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today. On such deposit being made by the applicant/Insurance Company; the claimants, herein, shall be at liberty to withdraw the deposited amount on being properly identified by following the due process of verification as notified by the Registry of this Court, from time to time. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant