Research › Search › Judgment

Gauhati High Court · body

2024 DAILYLAW 1918 (GAU)

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD v. DIPTI DAS AND 2 ORS

I.A.(Civil)/3594/2024 · 2026-01-29

Mridul Kumar Kalita

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010244062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3594/2024 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA AIRPORT ROAD YERAWADA PUNE-411006 AND ITS LOCAL OFFICE AT SREEJI TOWER 3RD FLOOR ADJACENT TO MAHINDRA SHOW ROOM CHRISTIAN BASTI GUWAHATI-781005. VERSUS DIPTI DAS AND 2 ORS W/O. LATE SUJIT DAS R/O. VILL. BANBEGENA ATI P/O. BHALUKMARI P/S. LANKA DIST. HOJAI ASSAM PIN-782446. 2:JAKARIA AHMED S/O. ABDUL RAHMAN R/O. VILL. SWAPUR GAON P/S. MURAJHAR DIST. HOJAI ASSAM PIN-782439 3:FORIJ UDDIN S/O. NOOR ALI R/O. VILL. GARIB NAWAJ NAGAR KOKRIAGAR ROAD Page No.# 2/3 ANTOP HILL MUMBAI PIN-400037 ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for DIPTI DAS AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.01.2026 1. Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. S. K. Goswami, learned counsel for the respondent No. 1. 2. This interlocutory application has been filed by the applicant/Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure, 1908 in connection with MAC Appeal No. 606/2024 praying for stay of the execution of the impugned judgment and award dated 22.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Hojai in MAC Case No. 284/2019. 3. The learned counsel for the claimant/respondent does not oppose the prayer, subject to the condition of depositing 25% of the awarded amount before the Registry of this Court. 4. Accordingly, the prayer is allowed. 5. The execution of the impugned judgment and award dated 22.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Hojai in MAC Case No. 284/2019 is stayed during the pendency of the MAC Appeal No. 606/2024 subject to the condition that the applicant/Insurance Company shall deposit 25% of the awarded amount before the Registry of this Court within six weeks from the date of this order. Page No.# 3/3 6. In the event of such deposit, the Registry shall disburse the same to the claimant/respondent No. 1 after proper verification. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant