Order granting interim stay on enforcement of a motor accident compensation award, conditioned upon the applicant depositing 50% of the award within four weeks.
Stayed enforcement of award pending 50% deposit by applicant within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010001872016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 456/2019
1:ORIENTAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER
VERSUS
1:SMTI JONALI DEKA and ORS
D/O HARESWAR DEKA, R/O GURKUSHI PASCHIM SITARA, P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN 781354
2:MD. ANISUR RAHMAN S/O LATE HASIM ALI R/O WARD NO. 1 P.S.NALBARI DIST. NALBARI ASSAM PIN 781335 OWNER OF BUS NO. AS-14-712
Advocate for the Petitioner : SISHIR DUTTA
Advocate for the Respondent : D D ROY (R-1)
Linked Case : I.A.(Civil) 3060/2019
1:ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER
Page No.# 2/3
VERSUS
1:SMTI JONAKI DEKA AND OTHERS D/O HARESWAR DEKA R/O GURKUSHI PASCHIM SITARA P.S. RANGIA DIST. KAMRUP ASSAM PIN 781354 2:MD. ANISUR RAHMAN S/O LATE HASIM ALI R/O WARD NO. 1 P.S.NALBARI DIST. NALBARI ASSAM PIN 781335 OWNER OF BUS NO. AS-14-7123
Advocate for the Petitioner : MS M CHOUDHURY Advocate for the Respondent : D D ROY (R-1)
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10-02-2020
Heard Ms. M. Choudhury, learned counsel for the applicant. Also heard Mr. D. Mondal, learned Proxy counsel for the opposite party No.1.
The learned counsel for the applicant has referred to the judgment impugned in the connected appeal and it is submitted that the opposite party No.1 who had suffered injury in the accident, did not exhibit any disability certificate and also did not examine any doctor to prove the nature of the injury suffered by her. Accordingly, it is submitted that the award in the connected appeal is challenged amongst others, on that ground.
Be that as it may, as the connected appeal has been admitted for hearing, the Court is inclined to stay the enforcement of the award dated 12.03.2015 passed by the learned Member, MACT No.2, Kamrup in MAC Case No.2478/12, subject to condition that the applicant shall deposit 50% of the award before the Registry of this Court within a period of 4(four) weeks from today.
It is made clear that if such deposit is not made within the time allowed, this order shall not be a bar for the enforcement of the said award.
Page No.# 3/3
On such deposit being made, the opposite party No.1 shall be entitled to withdraw the same on being duly identified by her learned counsel.
This IA stands disposed of.
JUDGE
Comparing Assistant
Oriental Insurance Co Ltd
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
