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2025 DAILYLAW 19496 (GAU)

NATIONAL INSURANCE COMPANY LTD. v. SUNNY KUMAR

I.A.(Civil)/3331/2025 · 2025-10-16

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010211162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3331/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT PLOT NO.CBD 81 NEW TOWN KOLKATA-700156 AND ITS REGIONAL OFFICE AT G.S.ROAD BHANGAGARH GUWAHATI. VERSUS SUNNY KUMAR S/O SRI SURESH SINGH R/O-VILL-SOLAGAON BOKAJAN MOUZA-HALESWAR P.S.TEZPUR DIST-SONITPUR ASSAM. PIN-784001. (CLAIMANT) 2:DR PRANJAL BORAH S/O-KRISHNA NANDA BORAH R/O-VILL-HAZARIKA CHUK COTTON ROAD P.O-AND P.S-TEZPUR DIST-SONITPUR ASSAM-784001(OWNER CUM DRIVER OF THE VEHICLE NO.AS12-AD/9394) (CAR) 3:BAJAJ ALLIANZ GENERAL INSURANCE CO LTD REPRESENTED BY BRANCH MANAGER TEZPUR BRANCH P.O. AND P.S. TEZPUR DIST- SONITPUR ASSAM PIN-784001. (INSURER OF VEHICLE NO.AS-12T/2473(I-20) Page No.# 2/3 In MACApp. Case No. 473/2025 ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for SUNNY KUMAR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.10.2025 1. Heard Mr. R. Goswami, the learned counsel for the applicant. 2. This application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of execution of the impugned judgment and award dated 09.06.2025, passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Case No. 02/2024(PD). 3. The aforesaid judgment and award has been impugned by the present applicant, by preferring the connected MAC Appeal No. 473/2025. 4. By the impugned judgment and award dated 09.06.2025, the learned MACT, Sonitpur, Tezpur has awarded a compensation amount of Rs. 3,56,310.00/- to the claimants/opposite parties. 5. The learned counsel for the applicant has submitted that the applicant/appellant insurance company is ready to deposit 50% of the awarded amount as a condition precedent for staying the execution of the impugned judgment and award. 6. In view of the submission of the learned counsel for the applicant, the notices to the opposite parties/respondents are waived. 7. Accordingly, the execution of the impugned judgment and award dated 09.06.2025; passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Page No.# 3/3 Case No. 02/2024(PD) 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. 8. This Interlocutory Application (Civil) is accordingly disposed of. JUDGE Comparing Assistant