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2026 DAILYLAW 2709 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. MINA BARMAN AND 3 ORS

I.A.(Civil)/631/2026 · 2026-02-26

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010023262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/631/2026 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 MINA BARMAN AND 3 ORS W/O LATE MANIK BARMAN 2:KIRAN BARMAN S/O LATE MANIK BARMAN 3:BHARAT BARMAN S/O LATE MANIK BARMAN ALL ARE RESIDENT OF - VILLAGE - BELGURI P. O. - GUWAGACHA P.S. - GOBARDHANA DISTRICT - BASKA BTAD ASSAM. PIN -781313 RESPONDENT NO. 3 IS REPRESENTED BY RESPONDENT NO. 1. 4:SAFIKUL ISLAM (OWNER CUM DRIVER S/O ABDUL KADER R/O. - VILLAGE - KUMULIPARA P.O. - GAREMARI P.S. - HOWLY Page No.# 2/3 DISTRICT - BARPETA ASSAM. PIN -781314 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MINA BARMAN AND 3 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.83/2026, praying for stay of execution of the impugned Judgment and Award dated 04.11.2025, passed by the Motor Accident Claims Tribunal, Barpeta in MAC Case No.356/2021 during the pendency of the connected of the MAC Appeal. 3. The applicant has been directed to pay the compensation amount of Rs.09,68,569/- 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 Judgment and Award dated 04.11.2025, passed by the Motor Accident Claims Tribunal, Barpeta in MAC Case No.356/2021 shall remain stayed subject to deposit of 50% of the awarded amount by the present applicant Page No.# 3/3 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