Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 9702 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. JAYANTA CHAKRABARTY AND 2 ORS.

I.A.(Civil)/2302/2026 · 2026-07-16

Mridul Kumar Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010060052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2302/2026 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 JAYANTA CHAKRABARTY AND 2 ORS. S/O SRI PRAFULLA CHAKRABARTY R/O VILLAGE- CHANDKUCHI (GHILLAR CHOWK) P.O.- CHANDKUCHI P.S. AND DISTRICT- NALBARI ASSAM. 2:TAIZUDDIN AHMED S/O MD. ABDUS SALAM R/O VILLAGE AND P.O.- ATA P.S. AND DISTRICT- BARPETA ASSAM. PIN CODE- 781301 3:HAKIM UDDIN S/O CHANDU MIYA R/O VILLAGE- KARERTOL P.O.- BHATKUCHI P.S. AND DISTRICT- BARPETA ASSAM. PIN CODE- 781314 ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for JAYANTA CHAKRABARTY AND 2 ORS. Page No.# 2/4 In MACApp./368/2026 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 JAYANTA CHAKRABARTY AND 2 ORS. S/O SRI PRAFULLA CHAKRABARTY, R/O VILLAGE- CHANDKUCHI (GHILLAR CHOWK), P.O.- CHANDKUCHI, P.S. AND DISTRICT- NALBARI, ASSAM. 2:TAIZUDDIN AHMED S/O MD. ABDUS SALAM R/O VILLAGE AND P.O.- ATA P.S. AND DISTRICT- BARPETA ASSAM. PIN CODE- 781301 3:HAKIM UDDIN S/O CHANDU MIYA R/O VILLAGE- KARERTOL P.O.- BHATKUCHI P.S. AND DISTRICT- BARPETA ASSAM. PIN CODE- 78131 Advocate for the Petitioner : MR. S K GOSWAMI, MR. SHYAM SHARMA,MR. R SHARMA,MS P SARMA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.07.2026 [1] Heard Mr. S.K. Goswami, the learned counsel for the applicant/insurance company. [2] This interlocutory application has been filed Page No.# 3/4 by the applicant/insurance company, in connection with MAC Appeal No. 368/2026, praying for stay of execution of the impugned judgement and award during the pendency of the connected MACAppeal. [3] The learned counsel for the insurance company submits that the insurance company is agreeable to deposit 50 % of the awarded amount as a condition for grant of stay of the execution of the impugned judgment and award. [4] Considering the submissions made by the learned counsel for the applicant, the notice to the respondents is waived and this interlocutory application is allowed. [5] The execution of impugned judgment and award dated 19.12.2025, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 243/2021, shall remain stayed during the pendency of the connected MAC Appeal No. 368/2026, subject to deposit of 50% of the awarded amount by the applicant/insurance company before the Registry of this court within a period of 6(six) weeks, from the date of this order. [6] This interlocutory application is, accordingly, disposed of. Page No.# 4/4 JUDGE Comparing Assistant