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2024 DAILYLAW 2165 (GAU)

SHRIRAM GENERAL INSURANCE COMPANY LTD v. AMENA KHATUN AND 11 ORS

I.A.(Civil)/2590/2024 · 2026-05-07

Mridul Kumar Kalita

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010155252024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2590/2024 SHRIRAM GENERAL INSURANCE COMPANY LTD HAVING ITS CORPORATE AND REGISTERED OFFICE AT E-8 EPIP RIICO INDUSTRIAL AREA SITAPURA JAIPUR RAJASHTAN INDIA PIN-302022 AND ONE OF THE BRANCH OFFICE AT B.R ARCADE 3D FLOOR OPPOSITE TO PRIYA PALACE HOTEL 21 JANAPATH ULUBARI GUWAHATI-781007 KAMRUP. VERSUS AMENA KHATUN AND 11 ORS W/O. LT JAMIRUL ISLAM 2:ABIDUR RAHMAN S/O. LT. JAMIRUL ISLAM 3:SUHANA AKTARA D/O. LT JAMIRUL ISLAM 4:ARFIN SULTINA D/O. LT JAMIRUL ISLAM 5:OMUE HABIBA D/O. LT JAMIRUL ISLAM Page No.# 2/4 6:MUJAKKIR ALOM S/O. LT JAMIRUL ISLAM 7:RAHIM UDDIN S/O. LT. HUSSEN ALI 8:FATEMA KHATUN W/O. RAHIM UDDIN ALL ARE RESIDENT OF PACHIM SALPARA P.O AND P.S. RUPAHIHAT DIST. NAGAON ASSAM PIN-782125 (RESPONDENTS 2 3 4 5 AND 6 BEING MINOR WILL BE REPRESENTED BY MOTHER AND NATURAL GURDIAN RESPONDENT NO.1) 9:MR. RAJEN MALAKAR S/O. SUDHIR MALAKAR R/O. PORUWA HUJGAON P.S. TEZPUR PIN-784001 10:MD. ABDUL JALIL S/O. RAISUDDIN R/O. BATAMARI P.S. TEZPUR DIST. SONITPUR ASSAM PIN-782122 11:BHOLA DAS S/O. LT. DANDI RAM DAS R/O. MAZGAON KHARATI P.S. TEZPUR DIST. SONITPUR ASSAM PIN-784001. 12:MD. SORIFUL HASAN S/O. HASMAT ULLAH R/O. KHATOBORI P.O. GAGALMARI P.S. MAYONG DIST. MORIGAON Page No.# 3/4 ASSAM PIN-782411. ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for AMENA KHATUN AND 11 ORS In MACApp. Case No. 431/2024 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.05.2026 [1] Heard Mr. S. Pegu, the learned counsel for the applicant. Also heard Mr. A. Sharma, the learned counsel for the respondent Nos. 1 to 8 as well as Mr. T. Gogoi, the learned counsel for the respondent No. 12. [2] This interlocutory application has been filed by the applicant/insurance company praying for stay of execution of the impugned judgment and award dated 24.04.2024, passed by the Motor Accident Claims Tribunal, Nagaon in MAC Case No. 98/2021, which has been impugned in the connected MAC Appeal No. 431/2024. [3] The learned counsel for the applicant has submitted that the applicant/insurance company is ready to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award during the pendency of the connected MACAppeal. [4] Considering the submissions made by the learned counsel for the applicant, notice to respondent Page No.# 4/4 Nos. 9, 10 and 11 in this interlocutory application is hereby waived and this interlocutory application is allowed. [5] The execution of the impugned judgment and award dated 24.04.2024, passed by the Motor Accident Claims Tribunal, Nagaon in MAC Case No. 98/2021 shall remain stayed during the pendency of the connected MAC Appeal No. 431/2024, subject to deposit of 50% of the awarded amount by the applicant/insurance company before the Registry of this court within a period of 4(four) weeks, from the date of this order. [6] This interlocutory application (civil) is, accordingly, disposed of. JUDGE Comparing Assistant