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2026 DAILYLAW 6730 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. KALPITA DAS AND 6 ORS.

I.A.(Civil)/1734/2026 · 2026-05-26

Robin Phukan

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Judgment text

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Page No.# 1/3 GAHC010080962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1734/2026 in MACApp./267/2026 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 KALPITA DAS AND 6 ORS. W/O LATE NARU DAS RESIDENT OF VILL- NATUN KANCHANPUR P.O.- SILCHAR P.S.- SILCHAR DIST- CACHAR ASSAM, PIN- 2:MOUSHUMI DAS D/O LATE NARU DAS RESIDENT OF VILL- NATUN KANCHANPUR P.O.- SILCHAR P.S.- SILCHAR DIST- CACHAR ASSAM PIN- (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 3:AYUSH DAS S/O LATE NARU DAS RESIDENT OF VILL- NATUN KANCHANPUR P.O.- SILCHAR P.S.- SILCHAR DIST- CACHAR ASSAM PIN- (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) Page No.# 2/3 4:REBA DAS W/O LATE SUDHIR RANJAN DAS RESIDENT OF VILL- NATUN KANCHANPUR P.O.- SILCHAR P.S.- SILCHAR DIST- CACHAR ASSAM, PIN- 5:RINKI DAS D/O LATE SUDHIR RANJAN DAS RESIDENT OF VILL- NATUN KANCHANPUR P.O.- SILCHAR P.S.- SILCHAR DIST- CACHAR ASSAM PIN- 6:HARU DAS S/O SRI SUDHIR CH. DAS R/O VILLAGE- NUTAN KANCHANPUR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN- 7:DEBU DAS S/O LATE SUDHIR CH. DAS R/O VILLAGE- NUTAN KANCHANPUR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN- ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for KALPITA DAS AND 6 ORS. BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 27.05.2026 Heard Mr. S.K. Goswami, learned counsel for the applicant. Page No.# 3/3 This interlocutory application is preferred by the applicant for staying the operation of the impugned judgment and award dated 05.02.2026, passed by the learned Tribunal, Motor Accident Claims Tribunal (MACT), Cachar, Silchar, in MAC Case No.601/2020 till disposal of the connected appeal. Mr. Goswami submits that the connected appeal has already been admitted for hearing and the record has also been called for from the learned Tribunal and as such, there is a requirement for staying the operation of the impugned judgment and award till disposal of the appeal. It appears that the connected appeal has already been admitted for hearing and the record has been called for and in that view of the matter, the impugned judgment and award, dated 05.02.2026, stands stayed till disposal of the connected appeal, subject however, to depositing of 50% of the awarded amount by the applicant before the Registry of this Court, within a period of 2(two) months from today. Though Mr. Goswami submits that 50% of the awarded amount to be deposited by the applicant/appellant herein, may be kept in fixed deposit and it will benefit either of the parties, yet keeping in mind the right of the respondents to withdraw the same and also the complexities involved in withdrawal of fixed deposit and further keeping in mind the legislative intendment in enacting the benevolent provisions in the M.V. Act, this Court is of the view that acceding to the submission, at this stage may cause prejudice to the respondents/victims. Therefore, the submission stands repudiated. In terms of above, this application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE