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2025 DAILYLAW 15173 (GAU)

THE ORIENTAL INSURANCE CO. LTD v. LAKSHI DAS AND 4 ORS B

I.A.(Civil)/3913/2024 · 2025-03-06

Susmita Phukan Khaund

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Judgment text

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Page No.# 1/2 GAHC010142612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : I.A.(Civil)/3913/2024 THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REP. BY ITS REGIONAL MANAGER ULUBARI GUWAHATI- 7. VERSUS LAKSHI DAS AND 4 ORS B W/O LATE NANDA DAS VILL.- JALJALI HOWLY TOWN WARD NO. 2 P.O. AND P.S.- HOWLY DIST.- BARPETA ASSAM PIN- 781316. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for LAKSHI DAS AND 4 ORS B BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.03.2025 Page No.# 2/2 1. Heard learned counsel Mr. S. K. Goswami for the appellant/Insurance company. 2. The appellant/applicant has filed this application for stay of the order dated 20.03.2024, passed by the learned Member, MACT, Bajali, Pathsala in connection with MAC Case No. 98/2019. The applicant who is aggrieved by the order has prayed for stay of the operation of the impugned order dated 20.03.2024. 3. It is submitted that the appellant/applicant is aggrieved as the amount was procured by the respondent/Opposite party/claimants by falsely claiming the death of the deceased to be a death as a result of motor accident whereas, in reality, the GD entry clearly reveals that death was due to cause of drowning. 4. Considering the submissions, the operation of the impugned order dated 20.03.2024, passed by the learned Member, MACT, Bajali, Pathsala in connection with MAC Case No. 98/2019 is stayed until further orders, subject to condition that the applicant deposits 50% of the awarded amount of Rs. 23,17,800/- within 4 (four) weeks from today. 5. In terms of the above observation, I.A. stands disposed of. JUDGE Comparing Assistant