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2025 DAILYLAW 2127 (GAU)

BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD v. SMTI. PURNIMA GOGOI AND 4 ORS

I.A.(Civil)/154/2025 · 2026-03-09

Yarenjungla Longkumer

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC020005162025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/154/2025 BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD BELTOLA BRANCH DIST- KAMRUP GUWAHATI-29 REPRESENTED BY SENIOR BUSINESS MANAGER DIVISIONAL OFFICE DIMAPUR NAGALANBD-797112 VERSUS SMTI. PURNIMA GOGOI AND 4 ORS MOTHER OF DEEP GOGOI AND WIFE OF SHRI NETRA GOGOI RESIDENT OF VILLAGE NO. 2 KUMARKATA P.O. CUBIA P.S. GOHPUR DIST- SONITPUR ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 2:SHRI NETRA GOGOI FATHER OF LATE DEEP GOGOI RESIDENT OF VILLAGE NO. 2 KUMARKATA P.O. CUBIA P.S. GOHPUR DIST- SONITPUR ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 3:MISS PAHI GOGOI DAUGHTER OF LATE DEEP GOGOI Page No.# 2/4 RESIDENT OF VILLAGE NO. 2 KUMARKATA P.O. CUBIA P.S. GOHPUR DIST- SONITPUR ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 4:SHRI SANTOSH KUMAR THAKUR SON OF AIAKESHWAR THAKUR C/O SHREE KRISHNA NIWAS CARRIERS NK-37 BETKUCHI LOKHRA BELTOLA GUWAHATI ASSAM PIN-781029. (OWNER OF THE VEHICLE NO. AS-01EC/8141 (TRUCK)) 5:SHRI MINTO GOGOI SON OF NANDA GOGOI VILLAGE-2 RAMPUR P.O. DHRAMGARH DIST- LAKHIMPUR ASSAM. (DRIVER OF THE VEHICLE NO. AS-01EC/8141 (TRUCK)) ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : appearing for SMTI. PURNIMA GOGOI AND 4 ORS Linked Case : MACApp./17/2025 BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD BELTOLA BRANCH, DIST- KAMRUP, GUWAHATI-29, REPRESENTED BY SENIOR BUSINESS MANAGER, DIVISIONAL OFFICE, DIMAPUR, NAGALANBD-797112 VERSUS SMTI. PURNIMA GOGOI AND 4 ORS MOTHER OF DEEP GOGOI AND WIFE OF SHRI NETRA GOGOI RESIDENT OF VILLAGE NO. 2 KUMARKATA, P.O. CUBIA, P.S. GOHPUR, DIST- SONITPUR, ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 2:SHRI NETRA GOGOI FATHER OF LATE DEEP GOGOI Page No.# 3/4 RESIDENT OF VILLAGE NO. 2 KUMARKATA P.O. CUBIA P.S. GOHPUR DIST- SONITPUR ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 3:MISS PAHI GOGOI DAUGHTER OF LATE DEEP GOGOI RESIDENT OF VILLAGE NO. 2 KUMARKATA P.O. CUBIA P.S. GOHPUR DIST- SONITPUR ASSAM. (RESPONDENT 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1) 4:SHRI SANTOSH KUMAR THAKUR SON OF AIAKESHWAR THAKUR C/O SHREE KRISHNA NIWAS CARRIERS NK-37 BETKUCHI LOKHRA BELTOLA GUWAHATI ASSAM PIN-781029. (OWNER OF THE VEHICLE NO. AS-01EC/8141 (TRUCK)) 5:SHRI MINTO GOGOI SON OF NANDA GOGOI VILLAGE-2 RAMPUR P.O. DHRAMGARH DIST- LAKHIMPUR ASSAM. (DRIVER OF THE VEHICLE NO. AS-01EC/8141 (TRUCK) Advocate for the Petitioner : PFOSEKHO PFOTTE, MEDO VERO,CHUBANUNGKUM Advocate for the Respondent : B. N. SARMAH, IMTIWAPANG BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R Page No.# 4/4 10.03.2026 Heard learned counsel for the applicant, Mr. Medo Vero. Also heard Mr. Imtiwapang, learned counsel for the respondents. The instant application has been filed praying for stay of the operation of the impugned Judgment and Order dated 23.05.2025 passed by the learned Member MACT, Dimapur, Nagaland in MAC Case No. 215/2016. Learned counsel submits that the applicant has preferred an appeal against the Judgment and Order dated 23.05.2025 and the same has been registered as MACApp. 17/2025. He submits that the appeal has been already admitted for hearing and that the appellant has taken good grounds for appeal and there is every likelihood that the said appeal would be allowed and it is, therefore, prayed that the impugned Judgment and Order dated 23.05.2025 may be stayed during the pendency of the appeal. The Court has considered that submission of the learned counsel for the applicant and in the interest of justice, the impugned Judgment and Order dated 23.05.2025 passed by the learned Member MACT, Dimapur, Nagaland in MAC Case No. 215/2016 is stayed subject to deposit of 50% of the awarded amount by the applicant/appellant, within 60 (sixty) days from the date of this Order. The application is allowed and disposed of. JUDGE Comparing Assistant