NEW INDIA ASSURANCE COMPANY LTD v. SRI NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI
I.A.(Civil)/4075/2025 · 2026-01-29
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2311 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2311 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010157112025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4075/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007 VERSUS SRI NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI S/O LATE ARABINDA GOSWAMI R/O VILLAGE-KAIRARA P.O.-SONDHA P.S AND DISTRICT-NALBARI ASSAM PIN-781337 INJURED 2:MUKUT SARMA S/O SRI DHARANI SARMA R/O VILLAGE-DIGHELI P.O-BARDIGHELI P.S AND DISTRICT-NALBARI ASSAM PIN-781371 CLAIMANT THE RESPONDENT NO.1 BEING BEDRIDDEN IS REPRESENTED BY THE RESPONDENT NO.2 3:SARAT KALITA S/O SRI HARIN KALITA R/O-VILLAGE-SONDHA P.O-SONDHA P.S AND DISTRICT- NALBARI ASSAM PINCODE-781337. OWNER-CUM-RIDER OF VEHICLE AS-14L-0820 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SRI NABA KUMAR GOSWAMI ALIAS NABA
Page No.# 2/2 GOSWAMI
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.01.2026
1. Heard Mr. R. Goswami, learned counsel for the applicant.
2. This interlocutory application has been filed by the applicant/appellant under Order 41 Rule 5 of the Code of Civil Procedure in connection with MAC Appeal No. 570/2025 praying for stay of the execution of the judgment and award dated 19.02.2025 passed by the learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 24/2021 (Injury).
3. The aforesaid judgment and award has been impugned by the Insurance Company/applicant in the connected MAC Appeal.
4. Since, the applicant is ready to abide by any condition which may be imposed in the condition of grant of stay as prayed for by it, this Court is disposing of this interlocutory application without issuing notice to the respondent.
5. The execution of the impugned judgment and award dated 19.02.2025 passed by the learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 24/2021 (Injury) is hereby stayed subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six weeks from the date of this order.
6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant