Page No.# 1/5 GAHC010225372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2011/2026 NEW INDIA ASSURANCE COMPANY LIMITED A CENTRAL GOVT UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI STARCITY COMPLEX G/S-ROAD LACHITNAGAR GUWAHATI 781 007 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE LACHITNAGAR GUWAHATI- 781007 VERSUS BINA PASWAN AND 4 ORS W/O LATE RAJEN PASWAN RESIDENT OF -DHANKHANA BORI SONITPUR P/O- DHANKHANA P/S - MISSAMARI DISTRICT - SONITPUR ASSAMPIN-784506 2:SURAJ PASWAN S/O LATE RAJEN PASWAN 3:ANKITA PASWAN D/O LATE RAJEN PASWAN 4:ANESHA PASWAN D/O LATE RAJEN PASWAN Page No.# 2/5 ALL ARE THE R/O DHANKHANA BORI SONITPUR P.O. DHANKANA P.S. MISSAMARI DIST. SONITPUR ASSAM PIN 784506 (OPPOSITE PARTY NO 3 IS REPRESENTED BY OPPOSITE PARTY NO 1) 5:PROFULLA BASUMATARY S/O BIJOY BASUMATARY R/O BANDOR HAGI PATHAR P.O.DHANKHANAM P.S. MISSAMARI DIST. SONITPUR ASSAM PIN 784506 ------------ Advocate for : Samujjal Pratim Sharma Advocate for : appearing for BINA PASWAN AND 4 ORS In MACApp./316/2026 NEW INDIA ASSURANCE COMPANY LIMITED A CENTRAL GOVT UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, STARCITY COMPLEX, G/S-ROAD, LACHITNAGAR, GUWAHATI 781 007 REPRESENTED BY THE MANAGER , GAUHATI REGIONAL OFFICE, LACHITNAGAR, GUWAHATI- 781007 VERSUS BINA PASWAN W/O LATE RAJEN PASWAN,RESIDENT OF -DHANKHANA BORI, SONITPUR,P/O- DHANKHANA, P/S - MISSAMARI,DISTRICT - SONITPUR, ASSAMPIN-784506 2:SURAJ PASWAN S/O LATE RAJEN PASWAN 3:ANKITA PASWAN Page No.# 3/5 D/O LATE RAJEN PASWAN 4:ANESHA PASWAN D/O LATE RAJEN PASWAN ALL ARE THE R/O DHANKHANA BORI SONITPUR P.O. DHANKANA P.S. MISSAMARI DIST. SONITPUR ASSAM PIN 784506 (OPPOSITE PARTY NO 3 IS REPRESENTED BY OPPOSITE PARTY NO 1) 5:PROFULLA BASUMATARY S/O BIJOY BASUMATARY R/O BANDOR HAGI PATHAR P.O.DHANKHANAM P.S. MISSAMARI DIST. SONITPUR ASSAM PIN 78450 Advocate for the Petitioner : Samujjal Pratim Sharma, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR. A T SARKAR, MS. J HAZARIKA(R5),MR S DIFUSA(R5),SHWETA SARMA(R5),MR. A T SARKAR(R1,2,4),S R DAS(R1,2,4),MR A HUSSAIN(R1,2,4) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.06.2026 [1] Heard Ms. R.D. Mozumdar, the learned counsel for the applicant. Also heard Mr. A.T. Sarkar, the learned counsel for the respondent Nos. 1 to 4. Also heard Mr. S. Difusa, the learned counsel for the respondent No. 5. [2] This application under Order 41 Rule 5 of Page No.# 4/5 the Code of Civil Procedure, 1908 has been preferred by the appellant in connection with MAC Appeal Case No. 316/2026, praying for stay of execution of the judgement and award dated 13.06.2025, passed by the MACT No. 2, Kamrup(M), Guwahati in MAC Case No. 1843/2023 during the pendency of the connected appeal. [3] The learned counsel for the applicant has submitted that the applicant/insurance company has preferred the connected appeal mainly by taking plea that in view of the Government Notification which entitles the defendant of the deceased Government employee died in harness to get full pension till the remaining period of his service life, the claimants would not suffer from any loss of dependency and as such, the compensation awarded to them against the said head, they are not entitled to same. However, she fairly submits that the claimants/respondents may be entitled to get compensation against conventional heads and medical expenditures. [4] The learned counsel for the claimants, Mr. A.T. Sarkar submits that against the conventional heads and medical expenditures, the compensation paid to the claimants is to the tune of Rs. 4,57,497/-. [5] Considering the submissions made by the learned counsel for both parties, this interlocutory Page No.# 5/5 application is allowed, subject to deposit of an amount of Rs. 4,57,497/- out of the awarded amount, along with up-to-date interest by the insurance company before the Registry of this court, subject to such payment, the execution of the impugned judgment and award shall remain stayed. [6] On deposit of such amount by the insurance company before the Registry of this court, same shall be disbursed to the claimants/respondent Nos. 1 to 4 by the Registry after proper verification within a period of 6(six) weeks from the date of this order. [7] With the above observations, this interlocutory application is, accordingly disposed of. JUDGE Comparing Assistant