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2026 DAILYLAW 16634 (GAU)

ORIENTAL INSURANCE COMPANY LTD. v. BALIKA SAIKIA DAS AND 5 ORS

I.A.(Civil)/3660/2026 · 2026-10-12

Susmita Phukan Khaund

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010200232026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3660/2026 ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781007 REPRESENTED BY THE ASSISTANT MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. VERSUS BALIKA SAIKIA DAS AND 5 ORS W/O SRI HAREN DAS 2:HAREN DAS S/O LATE BHADRAM DAS 3:PRANTIK DAS S/O HAREN DAS 4:PRANJIT DAS S/O HAREN DAS ALL ARE RESIDENT OF - VILLAGE - RADHIKAPUR P. O. - DIPOTA P.S. -TEZPUR DISTRICT - SONITPUR ASSAM. PIN -784150 Page No.# 2/3 5:BALIKA SAIKIA BORO W/O LATE DULAL CH. KACHARI R/O. - VILLAGE - BANDARMARI P.O. - BANDARMARI P.S. - TEZPUR DISTRICT - SONITPUR ASSAM. PIN 784153 6:KULAPRADIP DAS (DRIVER) S/O SINDHU RAM DAS R/O - VILLAGE - DIPOTA DIHINGIA P.O. - DIPOTA P.S. TEZPUR DISTRICT - SONITPUR ASSAM PIN - 784150 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for BALIKA SAIKIA DAS AND 5 ORS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.10.2026 Learned counsel, Ms. R.D. Mozumdar is present for the Insurance Company/applicant. The Insurance Company/applicant has filed this application with prayer for stay of the judgment and award dated 11.06.2026, passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in connection with MAC Case No.1506/2019. It is submitted that the owner of the vehicle is also one of the claimants and the compensation has been awarded to the owner of the vehicle, which is barred by law. Page No.# 3/3 After considering the submission on behalf of the Insurance Company, the operation of judgment and award dated 11.06.2026, passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in connection with MAC Case No.1506/2019 is stayed until further orders subject to the condition that the Insurance Company/applicant deposits 50% of the compensation awarded to the claimants before the Registry of this Court within 6(six) weeks from today. In terms of the above observation, the interlocutory application stands disposed of. JUDGE Comparing Assistant