Research › Search › Judgment

Gauhati High Court · body

1932 DAILYLAW 3 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. SMTI BIRGWSHREE NARZARY AND 4 ORS.

I.A.(Civil)/1932/2026 · 2026-06-09

Yarenjungla Longkumer

body1932

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010109242026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1932/2026 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24 PARK STREET KOLKOTTA-700016 AND BRANCH OFFICE AT 2ND FLOOR F FORT SOUTH SARANIA ULUBARI G.S.ROAD GUWAHATI ASSAM-781007. VERSUS SMTI BIRGWSHREE NARZARY AND 4 ORS. W/O LATE BIRBAL KACHARI 2:SMTI SARALA KACHARI W/O LATE GAURI KANTA KACHARI 3:MASTER ALBERT KACHARI S/O LATE BIRBAL KACHARI ALL ARE RESIDENTS OF- R/O-VILLAGE- THEKASU PART II BABUPARA P.O. AND P.S.-DUDHNOI DISTRICT- GOALPARA ASSAM. PIN-783124. RESPONDENT NO 3 BEING MINOR IS REPRESENTED BY HIS LEGAL GUARDIAN MOTHER I.E RESPONDENT NO.1 CLAIMANTS 4:ABDUL KALAM S/O MADH MANNAN A M ROAD NAGALAND P.O AND DIST-MOKOKCHUNG NAGALAND PIN-798601 OWNER OF THE VEHICLE NO. NL-02L-6035 5:ALI HUSSAIN Page No.# 2/3 S/O MD JAKARIYA DAKSHIN MAHAMMADPUR JAGADISHPUR- KARANDIGHI UTTAR DISNAJPUR PIN-733215 DRIVER OF THE VEHICLE NO. NL-02L-6035 ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for SMTI BIRGWSHREE NARZARY AND 4 ORS. BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER The instant application praying for suspension/stay of the impugned Judgment and Award dated 06.03.2026 passed in MAC Case No.411/2019 has been preferred by the appellant/insurer. 2. Heard Mr. R. Goswami, learned counsel for the appellant. 3. It is the submission of the learned counsel that the applicant has filed an appeal against the Judgment and Award dated 06.03.2026 and the said MAC Appeal has been admitted. Accordingly, it is submitted that the appellant has taken good grounds for appeal which are likely to succeed and therefore if the impugned Judgment and Award is not suspended, the applicant shall suffer irreparable loss and injury. Accordingly, it is prayed that the impugned Judgment and Award is suspended during the pendency of the connected MAC Appeal. 4. The Court has considered the pleadings and the submissions of the learned counsel and accordingly, the impugned Judgment and Award dated 06.03.2026 in MAC Case No.411/2019 shall remain suspended during the pendency of the MAC Appeal 307/2026 subject to the condition that the appellant shall deposit 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from today. Page No.# 3/3 5. I.A is disposed. JUDGE Comparing Assistant