Page No.# 1/4 GAHC010077322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1246/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI 781007 VERSUS SMTI MONJU HAZARIKA AND 3 ORS W/O LATE BULU HAZARIKA 2:MISS NABANITA HAZARIKA D/O LATE BULU HAZARIKA BOTH ARE R/O VILL. BORPATHAR KONWAR GAON P.O. ANDP.S. BIRBARUAH DIST. DIBRU ASSAM PIN 786007 RESPONDENT NO 2 BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO 1 3:DIPAM RAI S/O SRI MITAN RAI R/O VILL. UDAIPUR CHENGELIJAN GAON P.O. AND P.S. BARBARUAH DIST. DIBRUGARH ASSAM Page No.# 2/4 PIN 786602 (DRIVER OF THE VEHICLE NO AS-06-BC-0759) 4:SUNIL SINGH S/O LATE PRATAP SINGH R/O VILL. BORPATHAR KONWAR GAON P.O. AND P.S. BARBARUAH DIST. DIBRUGARH ASSAM PIN 786007 (OWNER OF THE VEHICLE NO AS 06-BC 0759) In MACApp./151/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87,M.G.ROAD, FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD, GUWAHATI 781007 VERSUS SMTI MONJU HAZARIKA 3 ORS W/O LATE BULU HAZARIKA 2:MISS NABANITA HAZARIKA D/O LATE BULU HAZARIKA BOTH ARE R/O VILL. BORPATHAR KONWAR GAON P.O. ANDP.S. BIRBARUAH DIST. DIBRU ASSAM PIN 786007 RESPONDENT NO 2 BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO 1 3:DIPAM RAI S/O SRI MITAN RAI R/O VILL. UDAIPUR CHENGELIJAN GAON P.O. AND P.S. BARBARUAH DIST. DIBRUGARH ASSAM PIN 786602 (DRIVER OF THE VEHICLE NO AS-06-BC-0759) Page No.# 3/4 4:SUNIL SINGH S/O LATE PRATAP SINGH R/O VILL. BORPATHAR KONWAR GAON P.O. AND P.S. BARBARUAH DIST. DIBRUGARH ASSAM PIN 786007 (OWNER OF THE VEHICLE NO AS 06-BC 0759 Advocate for the applicant(s): Mr. R Goswami Advocate for the respondent(s): X X B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 23.04.2025 Heard Mr. R Goswami, the learned counsel appearing on behalf of the applicant. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 18.01.2025 passed by the learned Member, MACT-cum-Additional District Judge (FTC) in MAC Case No.23/2023. 3. Taking into account the ground of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 18.01.2025 passed by the learned Member, MACT-cum-Additional District Judge (FTC) in Page No.# 4/4 MAC Case No.23/2023 till the disposal of the instant appeal subject to deposit of 50% of the awarded amount along with interest @6% from the date of filing of the claim application before the Registry of this Court within 6 (six) weeks from the date of the instant order. 4. On such deposit being made, the claimants shall be at liberty to file appropriate application before the Registry of this Court for release of the said amount and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants. 5. It is observed that in the circumstance, it is adjudged in the present Appeal that there was violation to the terms of the Insurance Policy, this Court would pass appropriate order for recovery of the said amount by the Applicant Insurance Company from the owner of the vehicle. 6. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant