Page No.# 1/4 GAHC010269652024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./436/2025 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS PRATIMA DAS AND 5 ORS W/O. LATE JAYANTA DAS 2:AMIYA DAS W/O. LATE JIVAN DAS @ JIBA KANTA DAS 3:RUNJUN DAS D/O. LATE JAYANTA DAS 4:HIROK DAS S/O. LATE JAYANTA DAS ALL ARE RESIDENT OF BEBEZIA GAON P/O. LAHOAL DIST. DIBRUGARH ASSAM PIN-786010. (RESPONDENT NO. 4 BEING MINOR IS REP. BY THE RESPONDENT NO. 1) 5:SHISH RAM S/O. SRI BHAGWANA RAM R/O. JANGLAR BASTI DINWA LADKHANI FETEHPUR SIKAR DEENWALADKHANI SIKAR Page No.# 2/4 RAJASTHAN PIN-332311. 6:MAZOR GURI KISHAN SEVA KENDRA CARE OF PROPRANTU BARUA VILL. GOMARI GURI P/O. GOMARI (MERAPANI) DIST. GOLAGHAT ASSAM PIN-785705 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI,MR T KALITA Advocate for the Respondent : , MR. J KALITA(R-1,2),A K MISHRA(R-1,2) Linked Case : I.A.(Civil)/3079/2025 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS PRATIMA DAS AND 5 ORS W/O. LATE JAYANTA DAS 2:AMIYA DAS W/O. LATE JIVAN DAS @ JIBA KANTA DAS 3:RUNJUN DAS D/O. LATE JAYANTA DAS 4:HIROK DAS S/O. LATE JAYANTA DAS ALL ARE RESIDENT OF BEBEZIA GAON P/O. LAHOAL DIST. DIBRUGARH ASSAM PIN-786010. (RESPONDENT NO. 4 BEING MINOR IS REP. BY THE RESPONDENT NO. 1) Page No.# 3/4 5:SHISH RAM S/O. SRI BHAGWANA RAM R/O. JANGLAR BASTI DINWA LADKHANI FETEHPUR SIKAR DEENWALADKHANI SIKAR RAJASTHAN PIN-332311. 6:MAZOR GURI KISHAN SEVA KENDRA CARE OF PROPRANTU BARUA VILL. GOMARI GURI P/O. GOMARI (MERAPANI) DIST. GOLAGHAT ASSAM PIN-785705. ------------ Advocate for : MR T KALITA Advocate for : appearing for PRATIMA DAS AND 5 ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 17.09.2025. Heard Mr. T. Kalita, learned counsel for the appellant. Also heard Mr. J. Kalita, learned counsel for the respondent Nos. 1 to 4. This is an application filed under Order XLI, Rule 5 of the Code of Civil Procedure for stay of the operation of the impugned judgment and award dated 21.08.2024, passed by the learned Member, MACT, Dibrugarh in MAC Case No.50/2022 (Death). It is submitted by Mr. Kalita, learned counsel for the appellant/insurance Page No.# 4/4 company that the insurance company is ready to deposit 50 % of the awarded compensation, subject to stay of further execution of the award. Considering the submission made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 21.08.2024, passed by the learned Member, MACT, Dibrugarh in MAC Case No.50/2022 (Death) is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry. In view of the above submission of learned counsel for the applicant/appellant, the application is allowed. Accordingly, the Registry is hereby directed to release the 50 % of the awarded amount, which will be deposited by the appellant, after due and proper verification, subject to furnishing an indemnity bond. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant