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2025 DAILYLAW 23157 (GAU)

THE ORIENTAL INSURANCE COMPANY LTD. v. AJAY KUMAR SINGH AND 2 ORS

I.A.(Civil)/52/2025 · 2025-10-13

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC020001892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/52/2025 THE ORIENTAL INSURANCE COMPANY LTD. REGISTERED AND HEAD OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS AJAY KUMAR SINGH AND 2 ORS S/O BRAHAMDEO SINGH R/O PHOM COLONY BURMA CAMP DIMAPUR NAGALAND 2:SHRI RAJEN THAPA S/O LT. B.B. THAPA R/O NEWFIELD COLONY GOLAGHAT ROAD DIMAPUR NAGALAND (DRIVER OF MOTOR BIKE B/R NL 07/J 5971) 3:SHRI RAM GOPAL AGARWAL S/O SHRI NAND KISHOR AGARWAL DUNCAN BOSTI DIMAPUR NAGALAND (OWNER OF THE BIKE B/R NO. NL 07/J 5971) ------------ Advocate for : KIM PIENYU Advocate for : appearing for AJAY KUMAR SINGH AND 2 ORS Linked Case : MACApp./4/2025 Page No.# 2/3 THE ORIENTAL INSURANCE COMPANY LTD. REGISTERED AND HEAD OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS AJAY KUMAR SINGH AND 2 ORS S/O BRAHAMDEO SINGH R/O PHOM COLONY BURMA CAMP DIMAPUR NAGALAND 2:SHRI RAJEN THAPA S/O LT. B.B. THAPA R/O NEWFIELD COLONY GOLAGHAT ROAD DIMAPUR NAGALAND (DRIVER OF MOTOR BIKE B/R NL 07/J 5971) 3:SHRI RAM GOPAL AGARWAL S/O SHRI NAND KISHOR AGARWAL DUNCAN BOSTI DIMAPUR NAGALAND (OWNER OF THE BIKE B/R NO. NL 07/J 5971) ------------ Advocate for : KIM PIENYU Advocate for : P. B. PAUL appearing for AJAY KUMAR SINGH AND 2 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 14.10.2025 Learned counsel for the appellant/applicant, Mr. Laknyei Phom and learned counsel for the respondent no. 1, Mr. Pfosekho Pfotte are present. 2. The present application has been filed praying for stay of the Page No.# 3/3 impugned Judgment and Award dated 09.12.2024, passed by the learned Motor Accident Claims Tribunal, Dimapur, Nagaland in MAC Case No. 77/2017, pending disposal of the connected MAC Appeal/4/2025. 3. The submission of the learned counsel for the appellant is that the main Appeal No. 4/2025 has been admitted and there are reasonable grounds which have been put forth for the appellant and the appellant is hopeful that the appeal will succeed and, therefore, it is prayed that the impugned Judgment and Award dated 09.12.2024 passed by the learned MACT, Dimapur, Nagaland in MAC Case No. 77/2014 may be stayed pending disposal of the appeal, in as much as the applicant/appellant has a prima facie case in the said connected appeal. 4. In view of the submissions made above, this Court is inclined to stay the operation of the said impugned Judgment and Award dated 09.12.2024, passed in MAC Case No. 77/2014, subject to the condition that the appellant shall deposit 50% of the award amount before the Registry of this Court within 30 days from the date of this Order. JUDGE Comparing Assistant