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2025 DAILYLAW 15446 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. HABIJA BEGUM AND 3 ORS.

I.A.(Civil)/3313/2025 · 2025-10-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010146252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3313/2025 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGD. UNDER THE COMPANIES ACT REP. BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-07 DIST. KAMRUP (M) ASSAM. VERSUS HABIJA BEGUM AND 3 ORS. W/O. LT. BADRUL ISLAM R/O. VILL.- MOKOIBHANGA P/O. BHANGABAZAR P/S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788805. 2:HUSNA BEGUM @ HUSNARA BEGUM D/O. LT. SAMSUDDIN @ SAMAR UDDIN R/O. VILL.- MAKAIBANGA (KAZIRGRAM) P/S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788701 3:AJMOL HUSSAIN S/O. ANU BAKKAR R/O. VILL.- NAYAGRAM P/S. BADARPUR Page No.# 2/4 DIST. SRIBHUMI ASSAM PIN-788719 4:RUHIT PAUL S/O. LT. RUPOK PAUL R/O. VILL.- MIRJAPUR P/S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788701. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for HABIJA BEGUM AND 3 ORS. In MACApp./470/2025 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGD UNDER THE COMPANIES ACT, REP. BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-07, DIST. KAMRUP (M), ASSAM. VERSUS HABIJA BEGUM AND 3 ORS W/O. LT. BADRUL ISLAM, R/O. VILL.- MOKOIBHANGA, P/O. BHANGABAZAR, P/S. BADARPUR, DIST. SRIBHUMI, ASSAM, PIN-788805. 2:HUSNA BEGUM @ HUSNARA BEGUM D/O. LT. SAMSUDDIN @ SAMAR UDDIN R/O. VILL.- MAKAIBANGA (KAZIRGRAM) P/S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788701 3:AJMOL HUSSAIN S/O. ANU BAKKAR R/O. VILL.- NAYAGRAM P/S. BADARPUR Page No.# 3/4 DIST. SRIBHUMI ASSAM PIN-788719 4:RUHIT PAUL S/O. LT. RUPOK PAUL R/O. VILL.- MIRJAPUR P/S. BADARPUR DIST. SRIBHUMI ASSAM PIN-788701 Advocate for the Petitioner : MR. S K GOSWAMI, MS P SARMA,MR. R SHARMA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.10.2025 1. Heard Mr. R. Sharma, the learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant insurance company praying for stay of the execution of the judgment and award dated 07.04.2025, passed by the learned Member, MACT, Hailakandi, in MAC Case No. 115/2021, whereby, an award of Rs. 27, 28, 000/- (Rupees Twenty Seven Lakh Twenty Eight Thousand only) was awarded in favour of the claimants/opposite parties. 3. Since the applicant has impugned the aforesaid judgment in the connected MAC Appeal No. 470/2025 and mainly on the point of quantum of the awarded amount and since the applicant insurance company is ready to deposit 50 % of the awarded amount as a condition precedent for staying the execution of the aforesaid award, notice to the respondent is waived in this interlocutory application. Page No.# 4/4 4. Accordingly, the execution of the judgment and award dated 07.04.2025, passed by the learned MACT, Hailakandi in MAC Case No. 115/2021, which has been impugned in the connected MAC Appeal No. 470/2025 is hereby stayed, subject to the condition that the applicant insurance company shall deposit 50 % of the awarded amount before the Registry of this Court within a period of 4(four) weeks, from the date of this order. 5. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant