The Oriental Insurance Co Ltd v. Shyamali Modak and 6 Ors

ORDER Date : 20.09.2024 Heard Mr. S. K. Goswami, learned counsel for the applicant. This interlocutory application has been filed by the appellant Oriental Insurance Company Limited praying for staying of the execution of the judgment and award Page No.# 3/3 dated 21.06.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No. 739/2019 whereby the applicant Oriental Insurance Company Limited was directed to pay a compensation amount of Rs.20,11,400/-. The learned counsel for the applicant has submitted that the applicant assailed the impugned judgment and award by filing the connected MAC Appeal i.e., MAC Appeal No. 496/2024 which has already been admitted and notices are issued to the respondents side. The learned counsel for the applicant also submits that the applicant Oriental Insurance Company Limited is ready to deposit 50% of the awarded amount. In view of the submissions made by the learned counsel for the applicant, the notice to the respondents in this interlocutory application is dispensed with and this interlocutory application is allowed. The execution of impugned judgment and award which has been challenged in the connected MAC Appeal No. 496/2024 shall remain stayed during pendency of the said MAC Appeal, subject to deposit of 50% of the awarded amount by the applicant Oriental Insurance Company to the Registry of this Court within four weeks from the date of this order. This interlocutory application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010190602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2895/2024 THEoORIENTALoINSURANCEoCOoLTD AoCOMPANYoREGISTEREDoUNDERoTHEoCOMPANIESoACT oREPRESENTEDoBYoITSoREGIONALoMANAGER oULUBARI oGUWAHATI-7 oDIST.oKAMRUP oASSAM. oVERSUS SHYAMALIoMODAKoANDo6oORS W/O.oLATEoJIBANoCH.oMODAKo@oJIBANoMODAK 2:SRI.oJAYANTAoMODAK S/O.oLATEoJIBANoCH.oMODAKo@oJIBANoMODAK o3:MISSoJOYSHREEoMODAK D/O.oLATEoJIBANoCH.oMODAKo@oJIBANoMODAK o4:SMT.oGIRIBALAoMODAK W/O.oLATEoJIBANoCH.oMODAKo@oJIBANoMODAK.oALLoAREoRESIDENToOFo VILL.-oBISHAKHOBAoPART-1 oP/S.oGOLAKGANI oDIST.oDHUBRI oASSAM.o(THEoCLAIMANToNO.2oANDo3oBEINGoMINORoSHALLoBEo REPRESENTEDoBYoTHEIRoMOTHERoi.e.oCLAIMANToNO.1) o5:GYANJYOTIoEDUCATIONoFOUNDATION C/O.oSRIoAMIToAGARWAL oR/O.oPRAKASHoTOWER oABC oG.S.oROAD Page No.# 2/3 P/S. BHANGAGARH GUWAHATI PIN-781005 DIST. KAMRUP(M) ASSAM 6:SRI KABIR BISWAKARMA S/O. SRI. RAM BISWAKARMA R/O. GOIBARI P/O. AND P/S. TAMALPUR PIN-781367 DIST. BAKSA BTAD. TEMPORARY ADDRESS- R/O. SENIOR OFFICERS COLONEY BLOCK D-4 KHANAPARA WARD NO.59 GUWAHATI PIN-781022 DIST. KAMRUP(M) ASSAM. 7:TATA AIG GENERAL INSURANCE CO. LTD. REPRESENTED BY ITS GENERAL MANAGER MAYUR GARDEN 3RD FLOOR OPPOSITE HDFC BANK BHANGAGARH G.S. ROAD GUWAHATI.PIN-781005. ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for SHYAMALI MODAK AND 6 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA