ORIENTAL INSURANCE COMPANY LTD v. ARATI MAYA RAI AND 2 ORS
I.A.(Civil)/3650/2025 · 2025-11-16
Mridul Kumar Kalita
Transfer Petitionbody2025
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[ 2025 DAILYLAW 26097 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 26097 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3650/2025 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 ARATI MAYA RAI AND 2 ORS W/O. SRI JEEVAN RAI R/O. VILL.- GHUMTIBILL P/O. AND P/S. CHAPAKHOWA DIST. TINSUKIA ASSAM PIN-786157 PRESENTLY RESIDING AT VILL.- TRIBAL COLONY TEZU P/O. AND P/S. TEZU DIST. LOHIT ARUNACHAL PRADESH PIN-792001 2:DHANESWAR NARJARI S/O. AJEET NARJARI R/O. VILL.- AJEET NARJARI R/O. VILL.- KUKURJAN P/O. MILANPUR P/S. GAHPUR DIST. SONITPUR
Page No.# 2/4 ASSAM PIN-784168 PRESENTLY RESIDENT OF VILL. A SECTOR NAHARLAGUN P/O. AND P/S. NAHARLAGUN DIST. PAPUMPARE ARUNACHAL PRADESH PIN-791110 3:PRASAN DAIMARY S/O. LT. BINON DAIMARY R/O. N.C. SONAPUR P/O. SONAPUR P/S. GAHPUR DIST. SONITPUR ASSAM PIN-784168 ------------ Advocate for : MS. C MOZUMDAR Advocate for : appearing for ARATI MAYA RAI AND 2 ORS
In MACApp. Case No. 518/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 17.11.2025
1. Heard Mr. S.P. Sharma, the learned counsel for the appellant. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, Assam.
2. This interlocutory application has been filed by the applicant praying for stay of the execution of judgment and award dated 11.09.2024, passed by the Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati, in MAC Case No. 769/2019.
3. The learned counsel for the applicant has submitted that the said
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judgment and award has been impugned by the present applicant by filing the connected MAC Appeal No. 518/2025.
4. By the impugned judgment, the applicant was directed to pay a compensation of Rs. 12,11,000/- (Rupees Twelve Lakhs Eleven Thousand) only along with 9% interest per annum from the date of filing of the claim petition to the claimants.
5. The learned counsel for the applicant submits that the applicant is ready to deposit 50% of the awarded amount in the Registry of this court as a condition precedent for staying the execution of the aforesaid amount.
6. I have considered the submissions made by the learned counsel and have gone through the records.
7. As the applicant is ready to deposit 50% of the awarded amount as a condition precedent for stay, this court is inclined to get the notice to the opposite parties and disposed of this interlocutory application with a direction that subject to payment of 50% of the awarded amount by the present applicant before the Registry of this court within a period of 6(six) weeks from the date of this order, the execution of the impugned
judgment and award 11.09.2024, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No. 769/2019 is hereby stayed.
8. This interlocutory application (civil) is accordingly disposed of.
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JUDGE Comparing Assistant