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2026 DAILYLAW 601 (GAU)

THE ORIENTAL INSURANCE CO LTD v. SMTI CHANDRA PROVA SAIKIA ALIAS CHANDRAPROBHA BORAH

I.A.(Civil)/127/2026 · 2026-02-01

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010237192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/127/2026 in MACApp./20/2026 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI7 VERSUS SMTI CHANDRA PROVA SAIKIA ALIAS CHANDRAPROBHA BORAH W/O- LATE RAJENDRA KR BORAH R/O- VILLAGE- PANICHOKUA P.O.-PANICHOKUA P.S.-PULIBOR DISTRICT- JORHAT ASSAM. PIN- 785006 2:SRI BIPIN DUTTA S/O- SRI MONURAM DUTTA R/O- DERGAON FETACRA P.O- DERGAON DISTRICT- GOLAGHAT ASSAM PIN- 785614 OWNER OF THE BAJAJ KTM DUKE BEARING REGISTRATION NO. AS-03-V-4561 3:SRI DEBOJIT BOARH S/O- SRI NOGEN BORAH R/O- VILLAGE PACHANI BARAGAON P.S.-DERGAON DISTRICT- GOLAGHAT ASSAM PIN-785614 (DRIVER OF THE BAJAJ KTM DUKE BEARING REGISTRATION NO. AS-03-V-4561) ------------ Page No.# 2/3 Advocate for : SHYAMAL KUMAR GOSWAMI Advocate for : appearing for SMTI CHANDRA PROVA SAIKIA ALIAS CHANDRAPROBHA BORAH BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 02-02-2026 Heard Mr. S. K. Goswami, learned counsel for the appellant/applicant and Mr. H. Das, learned counsel for the respondent No.1. This is application filed for stay of the judgment and award dated 26.06.2025, passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No. 2054/2020. It is submitted by Mr. Goswami, learned counsel that the applicant is ready to deposit 50% of the awarded amount subject to stay of the execution of the judgment and award dated 26.06.2025. Considering the submission Mr. S. K. Goswami, learned counsel for the appellant/applicant the impugned judgment and award dated 26.06.2025, passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No. 2054/2020 is hereby stayed till disposal of the connected appeal subject to payment of 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks. Further the Registry is directed to disbursed the deposited amount to the Page No.# 3/3 respondent/claimant after due verification and on submission of necessary indemnity bond. With the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant