Gauhati High Court
I.A.(Civil)/2195/2026 of THE ORIENTAL INSURANCE CO. LTD. Vs SRI JIBON BISWAS AND 2 ORS. on 25 June 2026
GAHC010117612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2195/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT- KAMRUP
GAHC010117612026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2195/2026
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
REPRESENTED BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7. DISTRICT- KAMRUP
ASSAM
VERSUS
SRI JIBON BISWAS AND 2 ORS.
S/O- LATE JATIN BISWAS
R/O- LALUK
KHELMATI
NORTH LAKHIMPUR
P.O.- LALUK
P.S.- LALUK
DISTRICT- LAKHIMPUR
ASSAM. PRESENTLY RESIDING AT- BHENUKA COMPLEX
ATHGAON
GUWAHATI-1
DISTRICT- KAMRUP
ASSAM.
2:GIRISH KUMAR SINGH
S/O- GOURI SINGH SINGH
C/O- CARRIERS INDIA PVT. LTD.
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM. PIN-781005 OWNER OF THE VEHICLE NO. AS-01/GC1607
3:RAMEN HAZARIKA
S/O- LATE MINESWAR HAZARIKA
R/O- VILLAGE- BANPUROI
P.S.- BIHPURIA DISTRICT- LAKHIMPUR
ASSAM PIN- 784165 DRIVER OF THE VEHICLE NO. AS-01-GC1607
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for SRI JIBON BISWAS AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 26.06.2026 Heard Mr. S. K. Goswami, learned Senior Counsel assisted by Mr. R. Sharma, learned counsel appearing for the appellant.
2. By way of the present application, the applicant/appellant has prayed for stay of the operation and execution of the impugned judgment & award dated 27.03.2026 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M) at Guwahati, in MAC Case No. 2111/2017.
3. Having considered the submissions advanced and upon a prima facie examination of the materials available on record, this Court is of the view that the applicant has made out a case for grant of interim protection. The connected appeal has already been admitted for hearing.
4. Accordingly, pending disposal of the appeal, the operation and execution of the impugned judgment and award dated 27.03.2026 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M) at Guwahati, in MAC Case No. 2111/2017, shall remain stayed, subject to the condition that the appellant deposits 50% (fifty per cent) of the awarded amount before the Registry of this Court within a period of six weeks from today.
5. Upon such deposit being made, it shall be open to the claimant(s) to approach the Registry by filing an appropriate application seeking release of the deposited amount. On such application being filed, and upon due verification of the identity and entitlement of the claimant(s), the Registry shall release the deposited amount, in accordance with law, after obtaining proper acknowledgment.
6. Subject to the aforesaid conditions, the interim prayer stands allowed. The interlocutory application stands disposed of.
JUDGE Comparing Assistant