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2025 DAILYLAW 21970 (GAU)

THE ORIENTAL INSURANCE CO LTD v. SAMSUL ISLAM AND 3 ORS

I.A.(Civil)/4034/2024 · 2025-01-02

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010270112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4034/2024 in MACApp./649/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REP. BY ITS REGIONAL MANAGER ULUBARI, GUWAHATI-7 DIST. KAMRUP (M), ASSAM. VERSUS SAMSUL ISLAM AND 3 ORS S/O. LATE CHIR UDDIN @ CHIER 2:SHALEHA KHATUN W/O. MD. SAMSUL ISLAM (BOTH ARE PERMANENT R/O. VILL. BURUNGA PART-III, GANDAMARA P/O. HILARA, P/S. KATIGORAH DIST. CACHAR, ASSAM. 3:RENU BALA DAS W/O. SRI SANA RANJAN DAS C/O. RAJEN BHARADWAJ R/O. A. K AZAD ROAD P/O. REHABARI P/S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM, PIN-781008. 4:SANA RANJAN DAS S/O. DIPCHANDRA DAS R/O. VILL. AND P/O. KATIRAIL P/S. KATIRAIL DIST. CACHAR ASSAM. Page No.# 2/2 ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for SAMSUL ISLAM AND 3 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 03.01.2025 Heard Mr. S.K. Goswami, learned counsel for the applicant. This interlocutory application is preferred by the applicant, Oriental Insurance Company Ltd., for staying the operation of the impugned judgment and award dated 21.09.2024, passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar, in MAC Case No.628/2017. It appears that the connected appeal has already been admitted and the record has also been called for from the learned Tribunal. Accordingly, this interlocutory application is allowed and the operation of the judgment and award dated 21.09.2024 stands stayed, subject to depositing of 50% of the awarded amount by the applicant before the Registry of this Court within a period of four weeks from today. In terms of above, this application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE