Page No.# 1/4 GAHC010107232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/1719/2025 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DISTRICT-KAMRUP M ASSAM REPRESENTED BY ITS DY MANAGER LEGAL CLAIMS MR. SABIR AHMED CHOUDHURY VERSUS SIMA DEVI AND 6 ORS. W/O LATE VIJAY KUMAR RAY @ BIJAY RAI 2:AYUSH KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI 3:SHIVANI KUMARI D/O LATE VIJAY KUMAR RAY @ BIJAY RAI 4:SHUBHAM KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI (CLAIMANT/RESPONDENT NO.-2 3 AND 4 BEING MINOR ARE REPRESENTED BY THEIR MOTHER I.E. THE CLAIMANT/RESPONDENT NO.-1) ALL ARE RESIDENTS OF- CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR 5:NILOTPAL HAZARIKA S/O MINESWAR HAZARIKA Page No.# 2/4 R/O SOLLENGI P.S.- GOHPUR DISTRICT-BISWANATH ASSAM PIN- (OWNER OF THE VEHICLE NO.- AS07/BC-1159) 6:GOJEN BORA S/O HEN CHANDRA BORA R/O KOKILAGURI P.S.- GOHPUR DISTRICT-BISWANATH ASSAM (DRIVER OF THE VEHICLE NO.- AS07/BC-1159) 7:RAM DAS RAY S/O UNKNOWN R/O CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR PIN- (FATHER OF THE DECEASED LATE VIJAY KUMAR RAY @ BIJAY RAI) For the applicant (s) : Mr. A. Bhattacharjee, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 02.06.2025 This is an application for stay of the judgment and award dated 28.02.2025 passed in MAC Case No.1217/2022 by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati. 2. This Court has duly considered the impugned judgment and Page No.# 3/4 award and only on the point of interest on future prospects as well as on the higher rate of interest, the accompanying Appeal has been admitted. 3. Considering the above, this Court therefore stays the impugned judgment and award dated 28.02.2025 passed in MAC Case No.1217/2022 by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati subject to deposit of Rs.32,51,824.64 within 6(six) weeks from the date of the present order. Further to that, the Applicant shall also deposit the interest amount @ 6% per annum on the amount of Rs.23,88,446.24p from the date of filing of the claim proceedings, i.e. 11.08.2022 before the learned Tribunal within 6(six) weeks from the date of the instant order. 4. It is relevant to clarify that the amount of Rs.23,88,446.24p is the aggregated of the compensation of loss of income without future prospects and the amounts on the conventional heads, i.e. Rs.21,58,446.24 + Rs.2,30,000/- = Rs.23,88,446.24p. 5. This Court further directs that upon deposit of the said amount, the learned Tribunal shall apply the same in terms with paragraph Nos.64, 65, 66, 67 & 68 of the judgment and award impugned in the instant proceedings. The interest mentioned in the said paragraph Nos.64, 65, 66, 67 & 68 till the disposal of the Appeal shall be read as 6% instead of 9%. Page No.# 4/4 6. The amount be released subject to the observations made herein above in favour of the claimants only by way of bank transfer. 7. With the above, the instant I.A. stands disposed of. JUDGE Comparing Assistant