NATIONAL INSURANCE CO. LTD v. SMTI IDULNISHA BEGUM AND 8 ORS
I.A.(Civil)/94/2025 · 2026-02-01
Yarenjungla Longkumer
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2138 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2138 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC020003362025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/94/2025 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT PREMISES NO. 18-0374, PLOT NO. CBD-81, NEW TOWN, KOLKATA-700156 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE ATGUWAHATI, ASSAM AND A BUSINESS OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS SMTI IDULNISHA BEGUM AND 8 ORS W/O LATE ABDUL HAKIM, R/O VILLAGE MANIPUR PART II, P.S LAKHIPUR DISTRICT-CACHAR ASSAM, PRESENTLY RESIDING AT NEISATOU COLONY, KHER MAHAL, DIMAPUR, NAGALAND (WIFE OF THE DECEASED) 2:SHRI ABDUL RASHI F/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 3:SMTI. SABURJAN BIBI M/O THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)
Page No.# 2/3 4:KHAMNURAI NESHA MINOR SISTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 5:MASTER ABDUL KALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 6:MASTER ABDUL SALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 7:MISS SAMSUN NESHA MINOR DAUGHTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 8:SHRI FAYAZ UDDIN S/O IRSHAD ALI R/O KHEL MAHAL NEISATUO COLONY DIMAPUR NAGALAND. (OWNER OF THE VEHICLE Advocate for the Petitioner : KEDUVI ZHOTSO, Advocate for the Respondent : ,
Page No.# 3/3 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 02-02-2026 The present application has been filed praying for stay- ing the judgment and award dated 28.02.2025 passed by the learned member, MACT, Dimapur Nagaland in MAC Case No.40/2012. Heard the learned counsel for the applicant Ms. Medo Kikhi who submits that the appellant has already preferred an ap- peal which has been admitted. It is stated that the appellant has a prima facie case and there is every likelihood that the appellant will come out successful in the appeal and as such, if the impugned
judgment and award is not stayed, the appellant will suffer irrepara- ble losses and hence, it is prayed that the judgment and award dated 28.02.2025 may be stayed during the pendency of the present appeal. This Court has considered the prayer of the applicant and also gone through the appeal memo. Accordingly, this Court is of the view that pending disposal the impugned judgment and award dated 28.02.2025 passed in MAC 40/2012 shall remain stayed subject to deposit of 50% of the awarded amount before the Reg- istry of this Court within a period of four weeks. I.A. stands disposed of.
Sd/- JUDGE Comparing Assistant