Page No.# 1/3 GAHC010104782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2700/2025 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 BOTI ALIAS GHASIA ORANG AND ORS S/O LATE SAMRA ORANG 2:MISS SITA URANG D/O BOTI @ GHASIA ORANG 3:KARMA URANG S/O BOTI @ GHASIA ORANG 4:MISS LASMI ORANG D/O BOTI @ GHASIA ORANG ALL ARE R/O VILL. POWAI TEA ESTATE NAGAPARA LINE NO. 3 P.S. DIGBOI DIST. TINSUKIA ASSAM Page No.# 2/3 PIN 786171 5:RAJENDRA SINGH S/O LATE VAYANKAR SINGH R/O NATIONAL PLYWOOD TINSUKIA BALUGADA P.S. AND DIST. TINSUKIA ASSAM PIN 786187 6:RAGHU BANAH SINGH S/O LATE RAM AVATAR SINGH R/O VILL. CHIRAPATTY P.S. AND DIST. TINSUKIA ASSAM PIN 786125 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for BOTI ALIAS GHASIA ORANG AND ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 01.12.2025 This application under Order XLI, Rule 5 of the CPC has been filed praying for stay of the operation of the impugned judgment and order dated 30.01.2024 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017. The learned counsel for the appellant/applicant submits that the applicant has filed an appeal against the judgment and award dated 30.01.2025 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017 by which the appellant was directed to pay a sum of Rs.13,39,224.16 with 9% interest against the insurer/appellant. The learned Page No.# 3/3 counsel for the applicant submits that the applicant has good grounds for appeal considering the fact that the deceased along with 30 others was travelling in the goods carrying truck and was a gratuitous passenger and the appeal is likely to succeed. Therefore, it is prayed that the judgment and award dated 30.01.2025 be stayed during the pendency of MACApp.371/2025 The Court has considered the submission of the learned counsel and perused the pleadings and is of the view that the present application may be allowed. Accordingly, the judgment and award dated 30.01.2025 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017shall remain stayed till the disposal of the appeal. I.A. is disposed of. JUDGE Comparing Assistant