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2025 DAILYLAW 16119 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. SHIPRA @ SIPRA DAS AND 4 ORS.

I.A.(Civil)/3315/2025 · 2025-10-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010157072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3315/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. VERSUS SHIPRA @ SIPRA DAS AND 4 ORS. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. 2:BURHAN UDDIN BARBHUIYA S/O. MD. ABDUR RAHMAN BARBHUIYA R/O. VILL.- CHANDPUR Page No.# 2/3 P/O. CHANDPUR P/S. HAILAKANDI DIST. HAILAKANDI ASSAM-788151 3:KAMRUL ISLAM BARBHUIYA S/O. MD. ATAUR RAHMAN BARBHUIYA R/O. VILL.- CHANDPUR P/O. CHANDPUR P/S. HAILAKANDI DIST. HAILAKANDI ASSAM-788151 4:JAYANTA DEB S/O. SRI. JAGADISH DEB R/O. VILL.- GAMARIA P/O. GAMARIA P/S. RK NAGAR DIST. KARIMGANJ ASSAM-788156 5:SHRIRAM GENERAL INSURANCE CO. LTD. B.R. ARCADE 3RD FLOOR 21 JANAPATH ULUBARI OPPOSITE HOTEL PRIYA PALACE GUWAHATI-781007. ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for SHIPRA @ SIPRA DAS AND 4 ORS. In MACApp. Case No. 472/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.10.2025 1. Heard Mr. R. Goswami, the learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant insurance Page No.# 3/3 company under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of execution of the impugned judgment and award dated 22.04.2025, passed by the learned Member, MACT, Cachar, in MAC Case No. 254/2018. 3. The applicant has impugned the aforesaid judgment by preferring the connected MAC Appeal No. 472/2025. 4. The applicant is aggrieved mainly with the quantum of the compensation amount awarded to the claimants/respondents. 5. Since the learned counsel for the applicant has submitted that the applicant insurance company is ready to deposit 50% of the awarded amount as a condition precedent for stay of the execution of the impugned judgment and award, notice to the opposite parties in this interlocutory application is waived. 6. Accordingly, the execution of the impugned judgment and award, passed in MAC Case No. 254/2018, by the MACT, Cachar is hereby stayed, subject to the condition that the applicant insurance company shall deposit 50% of the awarded amount before the Registry of this Court within a period of 4(four) weeks, from the date of this order. 7. This Interlocutory Application (Civil) is accordingly disposed of. JUDGE Comparing Assistant