Page No.# 1/3 GAHC010155182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) 1) I.A.(Civil)/2226/2025 ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI-781007 REPRESENTED BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI-781007. VERSUS PUNAKANTA MORAN AND ORS S/O. BHOGESWAR MORAN 2:VANITA MORAN W/O. PUNAKANTA MORAN BOTH ARE R/O. NO.2 NALONI GAON P/O. AND P/S. PENGERI DIST. TINSUKIA ASSAM PIN-786174 3:BIPUL CHETIA S/O. MANIK CHETIA R/O. NO. 2 NALONI DUARMARA P/O. AND P/S. PENGERI Page No.# 2/3 DIST. TINSUKIA ASSAM PIN-786174. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for PUNAKANTA MORAN AND ORS BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --08.09.2025 Heard Ms. R.D. Mozumdar, the learned counsel for the applicant. Also heard Mr. N. Hasan, the learned counsel appearing for the respondent no. 1. 2. It is submitted by Ms. Mozumdar that the petition for stay needs to be disposed of and she submitted that there are some law points involved on which the appeal has been filed and basically stressed on the point that the father cannot be the claimant. However, it is submitted that they are ready to pay 50% of the awarded amount subject to stay the execution of the order dated 02.03.2024 passed by the learned Additional Member-2, Motor Accident Claims Tribunal, Tinsukia, Assam, in M.A.C. Case No. 47/2021. 3. Mr. Hasan, the learned counsel for the respondent no. 1 raised objection and submitted that in that unfortunate incident they have lost their own son and being the father, he has every right to claim compensation for the death of their son. Accordingly, it is submitted that stay may be there subject to payment of 50% of the awarded amount. However, the respondent no. 1 may be given the liberty to withdraw the same. 4. Considering the submissions made by learned counsel for both sides and Page No.# 3/3 also considering the fact that some law point is involved in the present case, the execution of judgment & award dated 02.03.2024 passed by learned Member, MACT, Tinsukia be stayed subject to payment of 50% of the awarded amount. 5. However, at present the liberty to withdraw the same is not given to respondent no. 1. It may be decided on the subsequent date of filing of appropriate application and the appellant is hereby directed to pay the 50% of the awarded amount within 6 (six) weeks. 6. With the above observation, the present I/A stands disposed of. JUDGE Comparing Assistant