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1955 DAILYLAW 55 (GAU)

UNITED INDIA INSURANCE CO. LTD. v. SMT TIDIUM SIANGSHAI AND 2 ORS

I.A.(Civil)/1955/2025 · 2026-07-30

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/3 GAHC010126092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1955/2025 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR POST OFFICE GUWAHATI KAMRUP (M) PIN 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS SMT TIDIUM SIANGSHAI AND 2 ORS W/O STINY RUMBAI R/O VILL. PAMRA PAITHLU LADRYMBAI P.S. KHLIEHRIAT DIST.JAINTIA HILLA MEGHALAYA PIN 793200 PRESENT R/O VILL. DURGACHERA P.O. DAMCHERA P.S. BORKHOLA DIST. CACHAR ASSAM PIN 788817 2:AMARJIT SINGH Page No.# 2/3 S/O SRI SARDAR SANT SINGH R/O BELTOLA GUWAHATI KAMRUP (M) ASSAM PIN 781028 3:MILAI PHAWA S/O SRI RAM DHAR R/O VILL. LLONG DIST. JAINTIA HILLS MEGHALAYA PIN CODE 793150 ------------ Advocate for : MR T KALITA Advocate for : appearing for SMT TIDIUM SIANGSHAI AND 2 ORS In MAC Appeal Case No. 263/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 31.07.2026 1. Heard Mr. A. Kakati, the learned counsel for the applicant. Also heard Mr. M. Talukdar, the learned counsel for the opposite party No. 1/claimant. 2. This interlocutory application under Order XLI Rule V of the Code of Civil Procedure, 1908 has been filed by the applicant/insurance company in connection with MAC Appeal No. 263/2025, praying for stay of execution of the impugned judgment and order dated 10.03.2025, passed by the Motor Accident Claims Tribunal, Cachar, Silchar, in MAC Case No. 1021/2012. 3. The insurance company/applicant is agreeable to deposit 50% of the awarded amount as a condition for grant of stay of the execution of the impugned judgment and award. Page No.# 3/3 4. As such, the learned counsel for the claimants/respondents has no objection to the same. 5. Considering the facts, the notice to respondent Nos. 2 and 3 is hereby waived and this interlocutory application is allowed. 6. The execution of the impugned judgment and award dated 10.03.2025, passed by the Motor Accident Claims Tribunal, Cachar, Silchar, in MAC Case No. 1021/2012, shall remain stayed, subject to deposit of 50 % of the awarded amount by the insurance company/applicant before the Registry of this court within a period of 6(six) weeks, from the date of this order. 7. On such deposit, the said amount may be disbursed by the Registry to the claimants/ respondent No. 1 after proper verification. 8. This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant