Page No.# 1/6 GAHC010071512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1121/2025 NIKHIL SINGHA ALIAS NIKHIL SINGH S/O-LT. NARESH SINGHA,R/O-POLARPAR,P.O-BAGMARA,P.S- PANCHGRAM,DIST-HAILAKANDI,ASSAM. PIN-788165 VERSUS UNITED INDIA INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT CHIBBAR HOUSE, G.S. ROAD, GUWAHATI-5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI. 2:AFTAB UDDIN CHOUDHURY S/O SAMSUL HOQUE CHOUDHURY R/O VILL.- OKANTU P.O. KHARIKHANA NAGAON P.S. LANKA DIST. NAGON ASSAM. PIN- 782446 3:MAMOTAJ AHMED TALUKDAR W/O-NUR UDDIN TALUKDAR R/O- VILL AND P.O-BARARAMPUR P.S-BOKKHOLA DIST-CACHAR ASSAM 788110 4:JAKIR HUSSAIN S/O MUJAMIL ALI R/O VILL.-BORDOLOI PATHAR P.O. TINIALI BAZAR P.S. LANKA Page No.# 2/6 DIST. NAGAON ASSAM. PIN- 782446. 5:FAZIR UDDIN BARBHUIYA S/O MUZAMIL ALI BARBHUIYA R/O VILL. AND P.O. BORJATRAPUR UJANGRAM P.S. BORKHOLA DIST. CACHAR ASSAM. PIN- 788110. 6:HDFC ERGO GIC CO LTD REP. BY THE CLAIMS MANAGER THE HDFC ERGO GIC CO. LTD. 6TH FLOOR LEELA BUSINESS PARK ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI-400059. MAHARASTR Advocate for the Petitioner : MR. M TALUKDAR, Advocate for the Respondent : MR. P J BARMAN, Linked Case : MACApp./46/2025 UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT CHIBBAR HOUSE G.S. ROAD GUWAHATI-5 REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE GUWAHATI. VERSUS NIKHIL SINGHA @ NIKHIL SINGH S/O. LT. NARESH SINGHA R/O. POLARPAR P/O. BAGMARA P/S. PANCHGRAM DIST. HAILAKANDI Page No.# 3/6 ASSAM. 2:AFTAB UDDIN CHOUDHARI S/O. SAMSUL HOQUE CHOUDHURY R/O. VILL.- OKANTU GAON P/O. KHARIKHANA DIST. NAGAON ASSAM PIN-782446. 3:MAMOTAJ AHMED TALUKDAR W/O. NUR UDDIN TALUKDAR R/O. VILL.- AND P/O. BARARAMPUR P/S. BORKHOLA DIST. CACHAR ASSAM. 4:JAKIR HUSSAIN S/O. MUJAMIL ALI R/O. VILL.- BORDOLOI PATHAR P/O. TINIALI BAZAR P/S. LANKA DIST. NAGAON ASSAM. 5:FAZIR UDDIN BHARBHUYAN S/O. MUZAMIL ALI BARBHUIYA R/O. VILL. AND P/O.- BORJATRAPUR UJANGRAM P/S. BORKHOLA DIST. CACHAR ASSAM. 6:HDFC ERGO GIC CO. LTD. REP. BY THE CLAIMS MANAGER THE HDFC ERGO G.I.C. CO. LTD. 6TH FLOOR LEELA BUISNESS PARK ANDHERI KURLA ROAD ANDHERI (EAST0 MUMBAR-400059 MAHARASTRA. ------------ Advocate for : MR. P J BARMAN Advocate for : MR. M TALUKDAR appearing for NIKHIL SINGHA @ NIKHIL SINGH Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.05.2025 1. Heard Mr. M Talukdar, learned counsel for the applicant. 2. Also heard Mr. P.J Barman, learned Standing counsel for respondent No. 1, United India Insurance Company Ltd. 3. Vide judgment and award dated 16.11.2024, the learned Member, Motor Accident Claims Tribunal (M.A.C.T), Cachar, Silchar, has directed the respondent No. 1 here in this petition to pay a sum of Rs 16,24,359/- being the compensation to the applicant herein with interest @ 9% per annum from the date of filing of the claimed petition i.e. 24.05.2018 till payment is made. 4. Being aggrieved by the aforesaid judgment and award dated 16.11.2024, the respondent herein, filed an appeal being MAC Appeal No. 46 of 2025 which has already been admitted vide order dated 24.02.2025. 5. L.C.R has already been called for and though no separate Interlocutory Application has been filed for staying operation of the impugned judgment and award yet, a prayer was made in the memo of appeal itself for staying operation of the impugned judgment and award, but, the same has not been pressed before this Court at the time of admitting the appeal. As such, there is no stay in the judgment and award passed by the learned Member, Motor Accident Claims Tribunal (M.A.C.T), Cachar, Silchar of the judgment and award dated 16.11.2024. 6. This present Interlocutory Application is preferred by the applicant for issuing direction to the respondent No. 1, United India Insurance Company Ltd. to pay 50% of the awarded amount, pursuant to the judgment and order dated 16.11.2024, in MAC Case No. 135 of 2018. 7. Mr. M. Talukdar, learned counsel for the applicant submits that the applicant is the claimant in the MAC Case No. 135 of 2018, as he suffered 40% Page No.# 5/6 disability in the accident and he has been suffering from acute financial crisis and as such, there is a requirement for directing the respondent/opposite party to deposit 50% of the awarded amount before the Registry of this Court. 8. Mr. P.J Barman, learned counsel for the respondent submits that he has filed an objection petition in allowing this application as several grounds are being taken there in which, if taken note, would affect the very sustainability of the impugned judgment and award, but, the same were not considered by the learned Tribunal and that the L.C.R will reveal the aforesaid grounds, and on such count, Mr. P.J Barman, learned counsel, submits that this petition may be dismissed. 9. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents mentioned in the record and also, perused the impugned the judgment and order dated 16.11.2024 and also the order the order passed by this Court dated 24.02.2025 in MAC Appeal No. 46 of 2025. 10. It appears that in the impugned judgment and award dated 16.11.2024, the learned Tribunal has directed the respondent/opposite party herein to pay Rs 16,24,359/- with interest @ 9% from the date of filing of the application/petition. 11. Taking note of the submissions made by the learned counsel for both the parties and also considering the facts and circumstances of the record as well as the object behind enacting the beneficial legislation, this Court is inclined to allow this application. 12. The respondent/opposite party No. 1 is directed to deposit 50% of the awarded amount before the Registry of this Court within a period of 4(four) weeks from today. 13. The applicant may be allowed to withdraw the same on furnishing a bond. JUDGE Page No.# 6/6 Comparing Assistant