ORIENTAL INSURANCE COMPANY LTD v. SMTI MANASHI ALIAS MANOSHI RABHA AND 6 ORS
I.A.(Civil)/633/2026 · 2026-02-26
Mridul Kumar Kalita
body2026
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[ 2026 DAILYLAW 2466 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2466 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010023812026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/633/2026 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 SMTI MANASHI ALIAS MANOSHI RABHA AND 6 ORS W/O LATE SANJIT RABHA 2:MASTER MRINMAY RABHA S/O LATE SANJIT RABHA 3:MASTER RINTUMAY RABHA S/O LATE SANJIT RABHA 4:SMTI GOPINI RABHA M/O LATE SANJIT RABHA ALL ARE RESIDENT OFDHUPGURI P. O. P.S. - BOKO DISTRICT - KAMRUP ASSAM. PIN -781123 RESPONDENT NO. 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1.
5:MD JAKIR HUSSAIN (OWNER)
Page No.# 2/3 S/O ACHAR ALI C/O - NEWAZ KHAN R/O. - KOPUHA P.O. - MONDIA P. S. - BARPETA DISTRICT - BARPETA ASSAM. PIN -781308 6:KAMALA DAS DRIVER S/O LATE JITESH DAS R/O-T. R. PHUKAN ROAD FANCY BAZAR GUWAHATI P.O. - FANCY BAZAR DISTRICT - KAMRUP M ASSAM. PIN -781001 7:BABUL ALIAS BUBUL HUSSAIN DRIVER S/O MD. AJIZUR RAHMAN R/O - BORKHETRI BORNI P.O. - BALOWA P.S. - BELSOR DISTRICT - NALBARI ASSAM. PIN -781310 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for SMTI MANASHI ALIAS MANOSHI RABHA AND 6 ORS
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 27.02.2026
1. Heard Mr. S. P. Sharma, learned counsel for the applicant.
2. This Interlocutory Application has been filed by the applicant/Insurance Company in connection with MAC Appeal No.85/2026, praying for stay of execution of the impugned Judgment and Award dated 06.11.2025, passed by the Motor Accident Claims Tribunal No.3, Kamrup (Metro) at Guwahati in MAC Case No.2528/2017 during the pendency of the connected of the MAC Appeal.
3. The applicant has been directed to pay the compensation amount of
Page No.# 3/3 Rs.17,40,000/- to the claimant at an interest @ 9% per annum by the aforesaid
Judgment and Award.
4. Learned counsel for the applicant submits that the applicant is ready to deposit 50% of the awarded amount before the Registry of this Court as a condition for grant of stay of the execution of the impugned Judgment and Award.
5. Considering the submissions made by learned counsel for the applicant, a notice to the respondents/ opposite parties is waived and the prayer is allowed.
6. The execution of impugned Judgment and Award dated 06.11.2025, passed by the Motor Accident Claims Tribunal No.3, Kamrup (Metro) at Guwahati in MAC Case No.2528/2017 shall remain stayed subject to deposit 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.
7. With the aforesaid direction, this Interlocutory Application stands
disposed of. JUDGE Comparing Assistant