ORIENTAL INSURANCE COMPANY LTD. v. PATE KALITA AND 5 ORS.
I.A.(Civil)/3298/2025 · 2025-10-14
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20051 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20051 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010224162025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3298/2025 ORIENTAL INSURANCE COMPANY LTD.
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781 007 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI - 781007 VERSUS PATE KALITA AND 5 ORS.
W/O SRI SATISH KALITA 2:SATISH KALITA S/O LATE JAGAT KALITA 3:SARASWATI KALITA D/O SRI SATISH KALITA 4:BRITISH KALITA S/O SRI SATISH KALITA ALL ARE RESIDENT OF VILLAGE - BARTEZPUR P.O. AND P.S. - PALASHBARI DISTRICT - KAMRUP R ASSAM. PIN -781128 5:RATUL NATH S/O BIPIN NATH R/O. - VILLAGE - BATAKUCHI P.O. AND P.S. CHHAYGAON DISTRICT - KAMRUP R
Page No.# 2/3 ASSAM. PIN -781124 6:INAL HAQUE S/O FARID ALI R/O. - VILLAGE - PACHGUMI SALMARA P.O. - AGGUMI P.S. - CHHAYGAON DISTRICT - KAMRUP R ASSAM. PIN-781137 ------------ Advocate for : MR. S P SHARMA Advocate for : appearing for PATE KALITA AND 5 ORS.
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 15.10.2025
1. Heard Ms. R. D. Mozumdar, learned counsel for the applicant.
2. This application has been filed by the appellant/Insurance Company in connection with MAC Appeal No. 466/2025 praying for stay of execution of the
Judgment and Order dated 07.07.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati in MAC Case No. 616/2021.
3. Since, the learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the award amount as a condition of the staying the execution of the said award, subject to the condition that same may not be withdrawn by the claimant without leave of this Court, this Court dispense with the notice to the opposite party and allows the instant interlocutory application.
4. The execution of Judgment and Order dated 07.07.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati in MAC Case No. 616/2021 is hereby stayed during the pendency of the connected MAC Appeal No. 466/2025, subject to the condition that the applicant/appellant shall
Page No.# 3/3 deposit 50% of the awarded amount to the Registry of this Court within a period of six weeks from the date of this order.
5. This interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant