THE ORIENTAL INSURANCE CO LTD, v. PRANAB DEKA @ PRABAN AND 5 ORS
I.A.(Civil)/1481/2026 · 2026-05-11
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6094 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6094 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010037452025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1481/2026 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT KAMRUP(M) ASSAM VERSUS PRANAB DEKA @ PRABAN AND 5 ORS S/O LATE SOMESWAR DEKA R/O VILL. BARAPUJIA RAJA GAON P.S. RAHA DIST. NAGAON ASSAM 2:CHANJU DEKA S/O PRANAB DEKA R/O VILL. BARAPUJIA RAJA GAON P.S. RAHA DIST. NAGAON ASSAM 3:BISWA JYOTI DEKA S/O SRI PRANAB DEKA R/O VILL. BARAPUJIA RAJA GAON P.S. RAHA DIST. NAGAON ASSAM
Page No.# 2/4 4:SMT. SITA DEVI DAGA W/O SRI KRISHAULAL DAGA R.O. R.K.B. ROAD CHRISTIANPATTY P.O. AND P.S. NAGAON DIST. NAGAON ASSAM PIN (OWNER OF THE VEHICLE NO AS-U-7286 5:PUNA BORDOLOI S/O LATE KHARGESWAR BORDOLOI R/O VILL. LAUPHULBARI P.S. RAHA DIST. NAGAON ASSAM PIN (OWNER OF THE MOTORCYCLE NO AS-21-F-6017) 6:BISWAJIT SAIKIA S/O ANANTA SAIKIA R/O VILL. MASPUTANI P.S. NAGAON DIST. NAGAON ASSAM PIN (DRIVER OF THE VEHICLE NO AS-U-7286) ------------ Advocate for : SHYAMAL KUMAR GOSWAMI Advocate for : MR. D K NATH appearing for PRANAB DEKA @ PRABAN AND 5 ORS
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : --12.05.2026
This interlocutory application has been filed by the Oriental Insurance Company Ltd. in connection with the MAC Appeal No. 224/2026, praying for grant of stay of execution of the judgment and award dated 06.09.2024, passed by the Motor Accident Claims Tribunal, Morigaon, in MAC Case No.12/2019, whereby, the present applicant was directed to pay a compensation amount of Rs. 14,29,400/- ( Rupees Fourteen lakhs twenty-nine thousand four hundred), along with an interest @ 6 % per annum to the claimants respondent. 2. The learned counsel for the applicant has submitted 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 impugned judgment and award. Learned counsel for the respondent Nos. 1, 2 & 3, does not have any objection to the said offer. 3. Considering the above fact, the notice to the other respondents, hereby, waived and this interlocutory application is allowed. 4.
The execution of impugned judgment and award dated 06.09.2024, passed in MAC Case No. 12/2019, shall remain stayed during the pendency of the connected MAC Appeal No. 224/2026, subject to deposit of 50 % of the awarded amount by the applicant before the Registry of this court within a period of 4 weeks from the date of this order. If such a deposit is made by the applicant, same shall be disbursed to the Respondent No. 1/claimant on
Page No.# 4/4 furnishing a bond equivalent to the 50 % of the amount of compensation awarded to the claimants after proper verification
5. Out of the aforesaid 50 % of the money to be deposited by the applicant and to be disbursed to the claimant No. 1, 50 % of the disbursed amount shall be deposited in fixed deposits in the name of minor, Respondent No. 2 & 3, in equal shares in any nationalized bank by the Respondent No. 1 till attaining the age of majority. 6. This interlocutory application is accordingly disposed. JUDGE Comparing Assistant