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2025 DAILYLAW 24219 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. AKBAR ALI AND 2 ORS.

I.A.(Civil)/3556/2025 · 2025-11-09

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010224202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./509/2025 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 AKBAR ALI AND 2 ORS. S/O SUKUR ALI, R/O. - VILLAGE - KHARUAPARA, P.O. - RADHAKUCHI, P.S.- BARPETA, DISTRICT - BARPETA, ASSAM. PIN -781309 2:ABDUS SALAM S/O MD. IMAN ALI R/O. - VILLAGE - SIKATARI TARAKANDI P.O. - TARAKANDI DISTRICT - BARPETA ASSAM. PIN 781321 3:AZIZUL HAQUE S/O SOMEZ UDDIN R/O. - VILLAGE - BORPALLY P.O. - BARPALLI P.S. - BARPETA DISTRICT - BARPETA ASSAM. PIN -78131 Advocate for the Petitioner : MR. S P SHARMA, MS. C MOZUMDAR,MS. R D MOZUMDAR Advocate for the Respondent : , Page No.# 2/3 Linked Case : I.A.(Civil)/3556/2025 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 AKBAR ALI AND 2 ORS. S/O SUKUR ALI R/O. - VILLAGE - KHARUAPARA P.O. - RADHAKUCHI P.S.- BARPETA DISTRICT - BARPETA ASSAM. PIN -781309 2:ABDUS SALAM OWNER S/O MD. IMAN ALI R/O. - VILLAGE - SIKATARI TARAKANDI P.O. - TARAKANDI DISTRICT - BARPETA ASSAM. PIN 781321 3:AZIZUL HAQUE DRIVER S/O SOMEZ UDDIN R/O. - VILLAGE - BORPALLY P.O. - BARPALLI P.S. - BARPETA DISTRICT - BARPETA ASSAM. PIN -781314 ------------ Advocate for : MR. S P SHARMA Advocate for : appearing for AKBAR ALI AND 2 ORS. BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Page No.# 3/3 Date : 10.11.2025. Heard Ms. R.D. Mozumdar, learned counsel for the applicant/appellant. This is an application for stay the operation of the impugned judgment and award dated 22.07.2025, passed by the learned Member, MACT No.1, Kamrup (M) at Guwahati in MAC Case No.40/2015. It is submitted by Ms. Mozumdar, learned counsel for the appellant/insurance company that the insurance company is ready to deposit 50 % of the awarded compensation, subject to stay of further execution of the award. Considering the submission made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 22.07.2025, passed by the learned Member, MACT No.1, Kamrup (M) at Guwahati in MAC Case No.40/2015 is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry. With the above direction, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant