Allowed

Oriental Insurance Co. Ltd. v. Smti Biva Das and 3 Ors.

Gauhati HC16 Jun 2023I.A.(Civil)/1685/2023

Case brief

AI extract

What is this about?

This High Court allowed an interlocutory application seeking a stay on a Motor Accident Claims Tribunal award. The stay is subject to the applicant depositing Rs. 3,00,000 along with accrued interest within three weeks.

What did the court decide?

Stay on the operation of the impugned judgment and award subject to deposit of Rs. 3,00,000 along with accrued interest within three weeks.

Oriental Insurance Co. Ltd. Vs Smti Biva Das and 3 Ors. — Motor Accident Claims | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010085672020

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil)/1685/2023

¶5

ORIENTAL INSURANCE CO. LTD. HAVING ITS REGD OFFICE AT ORIENTAL HOUSE A- 25/27 ASAF ALI ROAD NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER

¶6

VERSUS

¶7

SMTI BIVA DAS AND 3 ORS W/O- SRI NIHAR RANJAN DAS R/O- VILL- RAM KRISHNA ROAD P.S- NAGAON DIST- NAGAON ASSAM PIN-

¶8

2:NIHAR RANJAN DAS S/O- LATE NAGENDRA KUMAR DAS R/O- VILL- RAM KRISHNA ROAD P.S- NAGAON DIST- NAGAON ASSAM PIN3:UTPAL BORA S/O- SONARAM BORAH R/O- VILL- JAGIAL P.O- BALIGAON P.S- RAHA DIST- NAGAON ASSAM PIN-

¶9

Page No.# 2/3

¶10

4:BIJUMONI DAS S/O- PURAN CH DAS R/O- VILL- NIJARAPAR WARD NO. 46 H NO. 30 P.S- NOONMATI GUWAHATI DIST- KAMRUP ASSAM PIN-----------Advocate for : MS M CHOUDHURY Advocate for : MS. M KHATUN appearing for SMTI BIVA DAS AND 3 ORS

¶11

BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

¶12

ORDER

¶13

Date : 16.06.2023

¶14

Heard Ms. M. Choudhury, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondent No. 1.

¶15

This interlocutory application is preferred by the applicant for stay of the operation of the impugned judgment and award, dated 20.12.2019, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, in MAC Case No. 72/2015.

¶16

Ms. M. Choudhury, learned counsel for the applicant, submits that the applicant is ready to deposit Rs. 3,00,000/- along with interest accrued there on of the awarded amount.

¶17

Considering the entire facts and circumstances of the case and in the

¶18

Page No.# 3/3

¶19

interest of justice, pending disposal of the connected appeal, being MAC App./230/2023, operation of the impugned judgment and award, dated 20.12.2019, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, in MAC Case No. 72/2015, stands stayed subject to deposition of an amount of Rs. 3,00,000/-, along with interest accrued there on, of the awarded amount before the Registry of this Court within 3 (three) weeks. The claimant/ respondent No. 1 will be at liberty to withdraw the deposited amount on being proper verification and identification by the Registry.

¶20

In terms of above, this interlocutory application stands disposed.

¶21

JUDGE

¶22

Comparing Assistant

Oriental Insurance Co. Ltd. v. Smti Biva Das and 3 Ors.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co. Ltd. v. Smti Biva Das and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Oriental Insurance Co. Ltd. Vs Mayanti Deka and Anr.

On the Death of Sri Sitesh Das His Legal Heirs- Smti Doymanti Das and Ors. Vs on the Death of Jyotirmoy Das His Legal Heirs Smti Devi Das and Ors.

Sokina Bibi Alias Sakina Bibi and 3 Ors. Vs Golam Mostafa Mondal and 3 Ors.

On the Death of MD Faizul Hoque Laskar, His Legal Heirs, Smit. Jayeda Begum Laskar and Ors. Vs Musstt Olirun Nessa and 5 Ors.

Habib Ali Barbhuiya and Anr. Vs Farij Uddin Barbhuiya and 8 Ors.

Rehena Begum, Vs the Union of India