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2025 DAILYLAW 23943 (GAU)

UNITED INDIA INSURANCE CO LTD v. MD MOJIBUR RAHMAN ALIAS MOZIBUR ISLAM AND ORS

I.A.(Civil)/3253/2025 · 2025-10-28

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010156802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3253/2025 UNITED INDIA INSURANCE CO LTD HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI-781005. VERSUS MD MOJIBUR RAHMAN ALIAS MOZIBUR ISLAM AND ORS S/O. LT. ABDUL KADI 2:ESMINA KHATUN W/O. MD. MAJIBUR RAHMAN BOTH ARE R/O. VILL.- NO. 1 NARAMATI BASHTOLA P/O. DHARAMTUL P/S. DHARAMTUL DIST. MORIGAON ASSAM PIN-782412 3:MILDA BEGUM W/O. HASMAT ALI C/O. N. THAKURIA HOUSE NO. 10 NARENGI NOONMATI GUWAHATI-781020 DIST. KAMRUP (M) ASSAM Page No.# 2/3 4:JITUMONI AHMED S/O. ABDUR RAHMAN VILL.- HALADHIBARI P/O. SAPMARI P/S. MORIGAON DIST. MORIGAON ASSAM PIN-782104. ------------ Advocate for : Shantanu pegu Advocate for : appearing for MD MOJIBUR RAHMAN ALIAS MOZIBUR ISLAM AND ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 29.10.2025 Heard Mr. A. J. Saikia, learned counsel for the applicant. 2. This is an application filed under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, praying for stay of the operation of the impugned judgment and order dated 27.02.2025, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC (Death) Case No. 09/2017. 3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and order dated 27.02.2025, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC (Death) Case No. 09/2017, shall remain stayed, subject to the condition that the applicant/Insurance Company deposits 50% of the total awarded amount before the Registry of this Court within a period of 4 (four) weeks from today. Page No.# 3/3 4. With the above directions, the interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant