The Oriental Insurance Co. Ltd v. Rahini Kalita and 2 Ors

ORDER

29.07.2024

¶1Heard Mr. S.K. Goswami, learned counsel for the applicant. Also heard Mr. A.N. Ahmed, learned counsel for the respondent No. 1.

¶2This application has been preferred by the applicant/appellant praying for staying the execution of Judgment and Award dated 22.12.2017, passed by the learned Member, Motor Accident Claims Tribunal, Bajali, in MAC Case No. 25/2017.

¶3The learned counsel for the applicant has submitted that the applicant has preferred a connected appeal which has been registered as MAC Appeal No. 287/2024, wherein, the appellant has challenged the quantum of the compensation awarded to the claimant in MAC Case No. 25/2017 by the concerned Tribunal.

¶4Considering the grounds mentioned by the learned counsel for the applicant in the stay petition, the Judgment and Award dated 22.12.2017, passed by the learned Member, Motor Accident Claims Tribunal, Bajali, in MAC Case No. 25/2017 is hereby stayed during the pendency of the MAC Appeal No. 287/2024, subject to the condition that the applicant/appellant shall deposit 50% of the awarded amount to the Registry of this Court within a period of 6(six) weeks from the date of this order. Page No.# 3/3

¶5On such deposit, the claimant/respondent No. 1 shall be at liberty to receive the said amount from the Registry of this Court after proper verification, as for disposal of this Interlocutory Application the presence of opposite party Nos. 2 and 3 is not required, notice to them is hereby dispensed with.

¶6This Interlocutory Application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010004252022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o: I.A.(Civil)/1810/2024 THEoORIENTALoINSURANCEoCO.oLTD AoCOMPANYoREGISTEREDoUNDERoTHEoCOMPANIESoACT o1956.oREPRESENTEDoBYoITSoREGIONALoMANAGER oULUBARI oGUWAHATIo7 oVERSUS RAHINIoKALITAoANDo2oORS S/OoLATEoNABINoCH.oKALITAoRESIDENToOFoVILLAGEoBARTARY oPOoLANGA oPSoSALBARI oDISToBAKSA oASSAM o781319 2:TANKESWARoDEKA S/OoDAMAHIoDEKAo RESIDENToOFoVILAGEoPARAHKUCHI oPOoPARAHKUCHI oPSoSARTHEBARIoDISToBARPETA oASSAM o3:RAJIBoKALITA S/OoSAITYAoNATHoKALITAo RESIDENToOFoVILLAGEoKOCHDIGA oPOoHELANA oPSoPATACHARKUCHI oDISToBARPETA oASSAM Page No.# 2/3 ------------ Advocate for : MR. S K GOSWAMI Advocate for : MR A N AHMED appearing for RAHINI KALITA AND 2 ORS In M.A.C. Appeal Case No. 287/2024 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA