ORIENTAL INSURANCE COMPANY LTD. v. AKHIL DAS AND 2 ORS
I.A.(Civil)/2829/2025 · 2025-08-28
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16645 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16645 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063212025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2829/2025 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 AKHIL DAS AND 2 ORS SON OF LATE SUDHIR MONORANJAN DAS RESIDENT OF VILLAGE BISHNUPUR TETELIA PATHAR P/O. GANDHINAGAR P/S. KHETRI DIST. KAMRUP METRO ASSAM REPRESENTED BY HIS WIFE SHIBANI DAS 2:ARVIND YADAV SON OF SAYUG YADAV RESIDENT OF VILLAGE JAWAHAR NAGAR NH-37 BEHIND KAMRUP KANTA P/O. BELTOLA P/S. BASISTHA KAMRUP METRO ASSAM-781028
Page No.# 2/3 3:NIKLAS KHAISOHNOH SON OF M. SANA RESIDENT OF NONGKHRAI BPO NARTIANG THADLASKEIN DIST. WEST JAINTIA HILLS P/O. JOWAI MEGHALAYA-793150 ------------ Advocate for : MR. S P SHARMA Advocate for : appearing for AKHIL DAS AND 2 ORS
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 29.08.2025 Heard learned counsel Ms. R. D. Mozumdar for the applicant/appellant who has filed this application with prayer for stay of the impugned judgment and award dated 20.12.2024 passed by the learned Member, MACT No. 3 Kamrup (M), Guwahati in MAC Case No. 1890/2019.
2. The insurer/applicant is aggrieved by the judgment and order as in the charge-sheet, another driver has been named instead of Niklas khaisohnoh.
3. Learned counsel Mr. R. Goswami, is present for the respondent no. 1 and has raised serious objection stating that there is every scope that the compensation amount may be enhanced as the injured victim is about 77 years old and an ailing person who has been suffering from 50% disability as a result of the back injury sustained in that accident.
4. I have considered the submissions at the Bar with circumspection.
5. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 20.12.2024
Page No.# 3/3 passed by the learned Member, MACT No. 3 Kamrup (M), Guwahati in MAC Case No. 1890/2019 is stayed until further orders subject to the condition that the insurer deposits 50% of the compensation amount before the Registry of this Court within 6 (six) weeks from the date of this order.
6. In terms of the above observation, this application stands disposed of.
JUDGE Comparing Assistant