Page No.# 1/3 GAHC010144042023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1819/2024 THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 REP. BY ITS REGIONAL MANAGER ULUBARI GUWAHATI- 7 DIST.- KAMRUP ASSAM. VERSUS SANJIT BALMIKI AND 3 ORS. S/O BAHULAL BALMIKI R/O HOUSE NO. 62 VIVEKANADA ROAD OPPOSITE LANE NO. 17 WARD NO. 25 P.O.- SILCAHR DIST.- CACHAR ASSAM PIN- 2:SABITA BALMIKI W/O SANJIT BALMIKI R/O HOUSE NO. 62 VIVEKANADA ROAD OPPOSITE LANE NO. 17 WARD NO. 25 P.O.- SILCAHR DIST.- CACHAR ASSAM PIN- 3:PURVANCHAL COMMUNICATION PRIVATE LIMITED C/O SAHIB NARAIN Page No.# 2/3 4TH FLOOR BORDOICHILA BHAWAN (K) ABOVE SAMSUNG PLAZA G.S. ROAD BHANGAGHAR GUWAHATI- 05 DIST.- KAMRUP (M) ASSAM. 4:RAM BAHADUR GURUNG S/O MON BAHADUR GURUNG R.M.S. OFFICE TARAPUR P.O.- SILCHAR P.S.- SILCHAR DIST.- CACHAR ASSAM. ------------ Advocate for : MR. S K GOSWAMI Advocate for : MR. S SUTRADHAR (R-1 2) appearing for SANJIT BALMIKI AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.01.2025 1. Heard Mr. S. K. Goswami, learned counsel for the applicant. Also heard Mr. S. Sutradhar, learned counsel for the claimant/opposite parties No. 1 and 2. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant Insurance Company praying for stay of the execution of the impugned judgment dated 08.12.2022 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 75/2018. By the impugned judgment and award, Rs.7,93,400/- (Rupees Seven Lakh Ninety Three Thousand and Four Hundred) was awarded to the opposite parties No. 1 and 2. 3. The applicant has impugned the aforesaid judgment by preferring the said connected appeal being MAC Appeal No. 290/2024 wherein the notices Page No.# 3/3 have been issued to the respondent side. 4. The applicant is ready to deposit 50% of the awarded amount as the condition precedent to the grant of stay of the execution of the impugned judgment. 5. The learned counsel for the respondent Nos. 1 and 2 does not oppose the said prayer. He, however, makes an oral prayer that the respondent Nos. 1 and 2, who are also the claimants before the Motor Accident Claims Tribunal, Cachar, Silchar may be allowed to withdraw the said 50% amount, if deposited by the respondent. 6. The prayer is allowed. 7. As the respondent Nos. 3 and 4 may not affected by grant of stay in this interlocutory application, notices need not to be issued to them. 8. This interlocutory application is accordingly allowed and the execution of the impugned judgment and award dated 08.12.2022 passed by the Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 75/2018 is hereby stayed, subject to deposit of 50% of the awarded amount before the Registry of this Court within a period of four weeks from the date of this order. On such deposit, the Registry shall disburse the said amount to the claimants/respondent Nos. 1 and 2, namely, Sanjit Balmiki and Smti Sabita Balmiki, in equal proportion, after proper verification. 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant