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2026 DAILYLAW 5261 (GAU)

ORIENTAL INSURANCE COMPANY LTD. v. MEENA PAUL AND 5 ORS

I.A.(Civil)/1294/2026 · 2026-04-28

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/4 GAHC010069942026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/1294/2026 ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007 VERSUS MEENA PAUL AND 5 ORS W/O LATE ASHOKE KUMAR PAUL R/O VILL. WARD NO 2 (PAUL PARA) GAURIPUR TOWN P.O. AND P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783331 2:SAPIAR RAHMAN S/O LT. KADIR SARKAR R/O VILL- NORTH SUTVANI (NORTH SATBEND) P.O.- JALESHAWAR P.S.- LAKHIMPUR DIST- GOALPARA ASSAM PIN- 783129 Page No.# 2/4 3:MILON PAUL S/O LT. KARTIK CH. PAUL R/O WARD NO. 2 (PAUL PARA) GAURIPUR TOWN P.O. AND P.S.- GAURIPUR DIST- DHUBRI ASSAM PIN-783331 4:AJABUL ISLAM S/O LT. NIYAKAT ALI R/O VILL- GORAIMARI P.S.- BONGAIGAON DIST- BONGAIGAON ASSAM PIN- 783390 5:THE NEW INDIA ASSURANCE CO. LTD. BONGAIGAON DIVISION KAKATI COMPLEX 1ST FLOOR MAIN MARKET MAIN ROAD NEAR DC OFFICE P.O. AND P.S.- BONGAIGAON DIST- BONGAIGAON ASSAM PIN-783380 6:ABHISHEK PAUL S/O LATE ASHOKE KUMAR PAUL R/O VILL- WARD NO. 2 (PAUL PARA) GAURIPUR TOWN P.O. AND P.S.- GAURIPUR DIST- DHUBRI ASSAM PIN-783331 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MEENA PAUL AND 5 ORS Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 29.04. 2026 Heard Ms. R. D. Mozumdar learned counsel for the applicant/appellant. 2. The instant application has been filed by the applicant/appellant praying for stay of the operation of the impugned judgment and order dated 04.12.2025 along with the order dated 03.01.2026 passed by the learned member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 20 of 2017. 3. The learned counsel for the applicant submits that the MAC appeal has already been admitted for hearing and raises substantial questions of law, and is likely to succeed. The applicant submits that there is a strong prima facie case in his favour, and if the impugned judgment and order dated 04.12.2025 along with order dated 03.01.2026 is stayed, pending disposal of the MAC Appeal, the applicant will suffered irreparable loss. It is also stated that, in the absence of such stay the MAC appeal may become infructuous. 4. The court has considered the application and directed that the impugned judgment and award dated 04.12.2025 along with order dated 03.01.2026 passed in MAC Case No. 20 of 2017 by the learned Member, Motor Accident Claims Tribunal, Dhubri, shall remain suspended. 5. Pending disposal of the connected appeal, the said order shall subject to Page No.# 4/4 the condition that the appellant shall deposit the 50% of the awarded amount before the Registry within a period of 6 (six) weeks from today. JUDGE Comparing Assistant