Disposed

Oriental Insurance Co. Ltd. v. Praneswar Rabha

Gauhati HC3 May 2026I.A.(Civil)/914/2026

Case brief

AI extract

What is this about?

Insurance company sought stay of execution of a Motor Accident Claims Tribunal award pending its appeal. The court stayed execution on condition that the appellant deposit 50% of the awarded amount within four weeks, to be disbursed to claimants and kept in fixed deposit with accrued interest.

What did the court decide?

Execution of award dated 20.12.2021 stayed during pendency of MACAppeal No. 122/2026, subject to deposit of 50% awarded amount within four weeks; deposited sum to be disbursed/fixed-deposited for clai

Oriental Insurance Co. Ltd. Vs Praneswar Rabha — Motor Accident Claims | Gauhati HC (2026)

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GAHC010104612025

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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)/914/2026

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ORIENTAL INSURANCE CO LTD REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI DISTRICT KAMRUP ASSAM

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VERSUS

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PRANESWAR RABHA VILLAGE TOPLAKHOWA PO LELA PS DUDHNOI DISTRICT GOALPARA ASSAM

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2:BONIKA RABHA ALIS BONITA RABHA VILLAGE TOPLAKHOWA PO LELA PS DUDHNOI DISTRICT GOALPARA ASSAM

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3:NUREZA BEGUM W/O PRANESWAR RABHA BOTH ARE R/O VILL. TOPLAKHOWA P.O. LELA P.S. DUDHNOI DIST. GOALPARA ASSAM PIN 783124

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4:SHAHIDUL MIAH S/O SIRAJUL ISLAM

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BOTTH ARE R/O GOALPARA TOWN WARD NO. 16 BAPUJI NAGAR P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM PIN 783101 -----------Advocate for : SHYAMAL KUMAR GOSWAMI Advocate for : appearing for PRANESWAR RABHA

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In MACApp./122/2026

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ORIENTAL INSURANCE CO LTD

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REPRSENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI, DISTRICT KAMRUP METRO ASSAM

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VERSUS

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PRANESWAR RABHA VILLAGE TOPLAKHOWA, P.O. LELA, PS DUDHNOI, DISTRICT GOALPARA ASSAM

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2:BONIKA RABHA ALIS BONITA RABHA W/O PRANESWAR RABHA BOTH ARE R/O VILL. TOPLAKHOWA P.O. LELA P.S. DUDHNOI DIST. GOALPARA ASSAM PIN 783124

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3:NUREZA BEGUM W/O SHAHIDUL MIAH

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4:SHAHIDUL MIAH S/O SIRAJUL ISLAM BOTTH ARE R/O GOALPARA TOWN WARD NO. 16 BAPUJI NAGAR

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P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM PIN 78310

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Advocate for the Petitioner : SHYAMAL KUMAR GOSWAMI, MR. R SHARMA

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Advocate for the Respondent : , MR S ISLAM (R3, R4),MS. A KAUSHAR (R3, R4)

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BEFORE

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HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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04.05.2026

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[1] Heard Mr. S.K. Goswami, the learned counsel appearing for the applicant.

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[2] This Interlocutory Application has been filed by the applicant/insurance company in connection with MACAppeal No. 122/2026, praying for stay of execution of judgment and award dated 20.12.2021, passed by the Motor Accident Claims Tribunal, Goalpara in MAC Case No. 321/2017.

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[3] The learned counsel appearing for the applicant has submitted that in the connected MACAppeal, the present appellant has also filed an application for condonation of delay in filing the said appeal.

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[4] The said condonation application was allowed by a co-ordinate bench of this court, by its order dated 02.03.2026, passed in I.A.(Civil) No. 2245/2025.

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[5] He submits that in the said order itself, the applicant was directed to deposit 50% of the awarded

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amount to the Registry of this court. He submits that the present applicant is ready to deposit 50% of the awarded amount, as was directed by the co-ordinate bench of this court.

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[6] He also submits that the present interlocutory application may be disposed of in light of the order passed by the co-ordinate bench of this court on 02.03.2026.

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[7] Since the applicant is willing and ready to deposit 50% of the awarded amount as a condition of granting stay of the execution of the impugned judgment and award, this court hereby waives notice to all the respondents in this interlocutory application and allows the present interlocutory application.

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[8] The execution of judgment and award dated 20.12.2021, passed in MAC Case No. 321/2017, by the Motor Accident Claims Tribunal, Goalpara shall remain stayed during the pendency of the connected MACAppeal No. 122/2026, subject to deposit of 50% of the awarded amount by the present applicant before the Registry of this court within a period of 4(four) weeks, from the date of this order.

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[9] In the event of any such deposit by the present applicant, the deposited amount shall be disbursed to the claimants/ respondents by the Registry after proper verification.

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[10] The learned counsel for the applicant also makes a submission that on deposit of 50% of the awarded amount by the applicant, in pursuant to the directions of this court, same shall be directed to be kept in fixed deposit in a nationalized bank by the Registry of this court, so as not to deprive the claimant of their due interest.

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[11] The prayer is allowed.

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[12] The Registry shall do so on the deposit of the 50% of the amount by the present applicant.

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[13] The claimants/respondents shall be entitled to the interest if any, which accrues, on the deposited amount.

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[14] This Interlocutory Application (Civil) is, accordingly, disposed of.

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JUDGE

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Comparing Assistant

Oriental Insurance Co. Ltd. v. Praneswar Rabha

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co. Ltd. v. Praneswar Rabha

Case brief

What is this about?

What did the court decide?

What the court decided

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