Oriental Insurance Company Ltd. Vs Basanti Boro and 2 Ors. H

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GAHC010134352024

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

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Case No. : I.A.(Civil)/3914/2025

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ORIENTAL INSURANCE COMPANY LTD A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A25/27 ASAF ALI ROAD NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD ULUBARI GUWAHATI-7 REP. BY ITS REGIONAL MANAGER.

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VERSUS

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BASANTI BORO AND 2 ORS H W/O. LATE BUDHIRAM BORO R/O. VILL.- BARIMORI GAON P/O. CHARAIMORIA P/S. LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-783126.

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2:KHAGEN GOGOI S/O. UTTAM GOGOI R/O. VILL.- CHARAIMORIA P/S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-781011

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3:BHARAT GOGOI

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Page No.# 2/3

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S/O. CHABDESWAR GOGOI R/O. VILL.- NO. 1 PUTA PHKHARI P/O. LILABARI P/S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN NO. 7. -----------Advocate for : MR. R C PAUL Advocate for : appearing for BASANTI BORO AND 2 ORS H

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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09.02.2026

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Heard Mr. R.C. Paul, learned counsel for the applicant and Mr. H. Gogoi, learned counsel for the opposite No. 1.

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2. This interlocutory application is preferred by the applicant, Oriental Insurance Company Limited, for staying the operation of Judgment and Award dated 31.10.2023, passed by the learned Member, M.A.C.T., Lakhimpur, North Lakhimpur, in M.A.C. Case No. 21/2018.

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3. It is to be noted here that vide impugned Judgment and Award dated 31.10.2023, the learned Tribunal has directed the appellant to pay a sum of Rs. 16,64,600/- to the claimants as compensation along with interest @ 7.5% per annum.

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4. Mr. Paul, learned counsel for the applicant submits that the applicant has preferred an appeal being, M.A.C. Appeal No. 540/2025 and the same has already been admitted and notice has been issued and the record has also been called for and as such, there is a requirement of staying the operation of the impugned Judgment and Award dated 31.10.2023, till disposal of the appeal.

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5. Having considered the submission of Mr. Paul, learned counsel for the applicant and also considering the facts and circumstances on the record, this Court is inclined to stay the operation of Judgment and Award dated 31.10.2023, passed by the learned Tribunal, in M.A.C. Case No. 21/2018.

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6. Accordingly, it is provided that till disposal of the connected appeal, i.e. M.A.C. Appeal No. 540/2025, the operation of Judgment and Award dated 31.10.2023, passed by the learned Tribunal, in M.A.C. Case No. 21/2018, stands stayed , subject, however, to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this court, within a period of 15 (fifteen) days from today and thereafter, the registry shall release the same in favour of the applicant.

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7. In terms of above, this I.A. stands disposed of.

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JUDGE

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Oriental Insurance Company Ltd. v. Basanti Boro and 2 Ors. H

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