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2025 DAILYLAW 14670 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. ALMINA PARBIN AND 3 ORS

I.A.(Civil)/4012/2024 · 2025-01-02

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010134152024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4012/2024 ORIENTAL INSURANCE COMPANY LTD (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GHY-07 REP. BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GHY-07. VERSUS ALMINA PARBIN AND 3 ORS W/O. JAMAL ALI. 2:JAMAL ALI S/O. TAIJUDDIN ALI BOTH ARE R/O. VILL. KHONGRA P/O. KHONGRA P/S. TARABARI DIST. BARPETA ASSAM PIN-781305. 3:MALEQUE AKAND S/O. LATE NOBURUDDIN SEIKH C/O. HANIF KHAN R/O/ H/NO. 122 P/O. PANJABARI KHANAPARA P/O. PANJABARI Page No.# 2/3 P/S. KHANAPARA DIST. KAMRUP(M) ASSAM PIN-781037. 4:DHANMONI MEDHI S/O. ANURAM MEDHI R/O. VILL. DAULASHAL P/O. DAULASHAL P/S. MUKALMUA DIST. NALBARI ASSAM PIN-781312. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for ALMINA PARBIN AND 3 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.01.2025 Heard Ms. R.D. Mozumdar, learned counsel for the applicant. 2. This interlocutory application is preferred for staying operation of the judgment and award dated 18.04.2024, passed in MAC Case No. 234/2019, passed by the learned Member, Motor Accident Claims Tribunal (MACT), Barpeta. 3. It is to be noted here that vide impugned judgment and award dated 18.04.2024, the learned Member, MACT, Barpeta has directed the appellant herein to pay a sum of Rs. 3,47,000/- as compensation to the respondent Nos. 1 and 2, along with interest @ 9% per annum w.e.f. the date of filing of the examination-in-chief on affidavit i.e. 27.12.2023 till the date of realization. 4. It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal. Page No.# 3/3 5. Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 18.04.2024, stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today. 6. In terms of above, this application stands disposed of. JUDGE Comparing Assistant