Page No.# 1/3 GAHC010092972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1677/2025 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS SAYED ALI AND ANR S/O ALTAF ALI R/O BIDYARDABRI PART-IV P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 2:BIRENDRA NATH DAS S/O LATE DHARANI KANTA DAS R/O VILL. KAIMAR PART-III P.O. GOLOKGANJ P.S. GOLOKGANJ DIST. DHUBRI ASSAM PIN 783334 Page No.# 2/3 In MACApp./219/2025 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS SAYED ALI AND ANR S/O ALTAF ALI, R/O BIDYARDABRI, PART-IV, P.O. GOLAKGANJ, P.S. GOLOKGANJ, DIST. DHUBRI, ASSAM, PIN 783334 2:BIRENDRA NATH DAS S/O LATE DHARANI KANTA DAS R/O VILL. KAIMAR PART-III P.O. GOLOKGANJ P.S. GOLOKGANJ DIST. DHUBRI ASSAM PIN 78333 Advocate for the applicant(s): Mr. T Kalita Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 30.05.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Page No.# 3/3 Procedure, 1908 for stay of the impugned judgment and award dated 30.01.2025 passed by the learned Member, Motor Accident Claims Tribunal Dhubri in MAC Case No.97/2016. 2. Taking into account the grounds of objection on which the appeal has been admitted, this Court stays the impugned judgment and award dated 30.01.2025 passed by the learned Member, Motor Accident Claims Tribunal Dhubri in MAC Case No.97/2016 till the disposal of the accompanying appeal subject to deposit of 50% of the awarded amount along with the applicable interest 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. 3. 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. 4. In the circumstance, the Appellant/Applicant succeeds in the accompanying appeal, this Court would pass appropriate directions for recovery to be made by the Appellant from the owner. 5. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant