Page No.# 1/4 GAHC010274982024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/496/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. VERSUS MINTU SAIKIA AND 2 ORS S/O. LT. BANESWAR SAIKIA R/O. VILL.- SENCHOWA P/S. NAGAR SADAR DIST. NAGAON ASSAM PIN-782001. 2:MUKUL KRISHNA SAIKIA S/O. SRI G.K. SAIKIA R/O. VILL. THIATANGANI P/S. JURIA DIST. NAGAON ASSAM PIN-782124. 3:HARAKANTA BORAH Page No.# 2/4 S/O. LT. MONI KANTA BORAH R/O. VILL. THIATANGANI P/S. JURIA DIST. NAGAON ASSAM PIN-782124. ------------ Case No. : MACApp./43/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. VERSUS MINTU SAIKIA AND 2 ORS S/O. LT. BANESWAR SAIKIA, R/O. VILL.- SENCHOWA, P/S. NAGAR SADAR, DIST. NAGAON, ASSAM, PIN-782001. 2:MUKUL KRISHNA SAIKIA S/O. SRI G.K. SAIKIA R/O. VILL. THIATANGANI P/S. JURIA DIST. NAGAON ASSAM PIN-782124. 3:HARAKANTA BORAH S/O. LT. MONI KANTA BORAH R/O. VILL. THIATANGANI P/S. JURIA DIST. NAGAON ASSAM PIN-782124 Advocate for the applicant(s): Mr. SK Goswami Page No.# 3/4 Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.02.2025 Heard Mr. SK Goswami, the learned counsel appearing on behalf of the applicant. 2. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and award dated 20.09.2024 passed in MAC Appeal No.229/2021. 3. It is seen that the learned Member Motor Accident Claims Tribunal Nagaon vide the judgment and award impugned in the instant proceedings dated 20.09.2024 had awarded an amount of Rs.4,92,800/- along with interest @ 9%. 4. This Court had already admitted the appeal and had called for the records. 5. Taking into account the above, the impugned judgment and award dated 20.09.2024 is stayed subject to deposit of 50% of the said amount as awarded vide the judgment and award dated 20.09.2024 before the Registry of this Court within 6(six) weeks from today. 6. This Court grants liberty to the claimant to file an application before the Registry of this Court and upon such application being filed, the Registry shall after making due identification and proper verification and upon furnishing of the bank particulars release the said amount to the claimant. Page No.# 4/4 7. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant