Page No.# 1/3 GAHC010268412024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1397/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH COLLEGE, G.S. ROAD, GUWAHATI. VERSUS RAJA HAZARIKA AND 2 ORS S/O. SRI. KRISHNA HAZARIKA, R/O. VILL.- MOTHADANG, P/O. AND P/S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN-785640, PRESENTLY RESIDING AT- SOUTH SARANIA, P/S. PALTAN BAZAR, GUWAHATI-7, DIST. KAMRUP (M), REP. BY HIS FATHER KRISHNA HAZARIKA 2:AMIR JAHAN ALI S/O. BABAJAN ALI R/O. JENGORIKOTIA P/O. AND P/S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-785640 3:ABDUL WAHID S/O. MD. ABDUL AHMED R/O. RANGHAR CHARIALI P/O. DHULIAPAR P/S. AND DIST. SIVASAGAR ASSAM PIN-785664 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Page No.# 2/3 Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 19.06.2025 Heard Mr. R. Goswami, learned counsel for the applicant insurance company and also heard Mr. A.T. Sarkar, learned counsel for the opposite party No.1. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 is preferred by the applicant for staying the operation of the impugned judgment and award dated 08.08.2024, passed by the learned Member, Motor Accident Claims Tribunal (MACT) No.2, Kamrup(M), in MAC Case No.1365/2022. It is to be noted here that vide impugned judgment and award dated 08.08.2024, the learned Tribunal has directed the applicant herein to pay a sum of Rs.34,51,372.20 to the opposite party No.1/claimant Shri Raja Hazarika. Mr. Goswami submits that the applicant insurance company has already preferred an appeal in MAC Appeal No.171/2025 and the same has already been admitted by this Court and the record has also been called for and the operation of the impugned judgment and award was stayed till today. Mr. Goswami submits that the impugned judgment and award is required to be stayed till disposal of the appeal and the applicant insurance company will deposit 50% of the awarded amount before the Registry of this Court. Mr. Sarkar, learned counsel for the opposite party No.1 submits that in the event of 50% of the awarded amount being deposited before the Registry of this Court by the applicant insurance company, the opposite party No.1 may be allowed to withdraw the same. Taking note of the submission of learned counsel for both the parties, this Page No.# 3/3 interlocutory application stands allowed. The impugned judgment and award dated 08.08.2024, passed by the learned Member, Motor Accident Claims Tribunal (MACT) No.2, Kamrup(M), in MAC Case No.1365/2022, stands stayed till disposal of the MAC Appeal No.171/2025, subject however, 50% of the awarded amount being deposited before the Registry of this Court and the opposite party No.1/claimant is allowed to withdraw the said amount on furnishing a bond of equal amount. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE