Page No.# 1/3 GAHC010102112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1618/2025 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR P.O. GUWAHATI KAMRUP(M) PIN 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS DEVI RANI GUHA AND 3 OTHERS W/O GOPAL GUHA 2:GOPAL GUHA S/O LATE SUKUMAR GUHA BOTH ARE R/O VILL. DURGABARI P.S. KRISHNAI P.O. KRISHNAI DIST. GOALPARA ASSAM PIN 783101 3:MR. CHOTALAL SAH S/O KRISHNA SAH R/O VILL. RONGRAM BAZAR P.O. RONGRAM BAZAR P.S. WILLIAM NAGAR DIST. WEST GARO HILLS Page No.# 2/3 MEGHALAYA PIN 794111 4:SANJIT BORO S/O PRADIP BORO R/O VILL. DILINGA SONAPUR P.S. BOKO P.O. SINGRA DIST. KAMRUP(R) ASSAM PIN 781123 For the applicant(s) : Mr. T. Kalita, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 26.05.2025 Heard Mr. T. Kalita, 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 15.02.2025 passed in MAC Case No.33/2021 by the learned Member, Motor Accident Claims Tribunal, Goalpara whereby an amount of Rs.15,10,830/- along with interested @ 7% per annum (except upon the amount calculated on the head of future prospects) from the date of filing of the claim petition be paid by the appellant Insurance Company. Page No.# 3/3 3. The accompanying Appeal has already been admitted on the ground that there was a violation of the policy conditions. 4. In that view of the matter, this Court directs the appellant Insurance Company to deposit the amount of Rs,15,10,830/- along with interest @ 7% per annum (except upon the amount calculated on the head of future prospects) from the date of filing of the claim petition before the learned Tribunal within 6(six) weeks from today. The learned Tribunal thereupon shall apply the said amount in terms with paragraph Nos.33 & 34 of the impugned judgment and award. Any amount to be disbursed to the claimants shall be done by the learned Tribunal only through bank transfer. 5. This Court further observes and directs that in the circumstance the Appeal is allowed, this Court shall pass appropriate directions for recovery of the amount so directed to be deposited by this Court upon the appellant Insurance Company to be realized from the owner of the vehicle, i.e. the respondent No.3. 6. With the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant