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2025 DAILYLAW 24522 (GAU)

THE NATIONAL INSURANCE COMPANY LTD v. POMPI GOWALA ALIAS POMPY GUWALA AND 2 ORS

I.A.(Civil)/3534/2025 · 2025-12-09

Yarenjungla Longkumer

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010026792025 2025:GAU-AS:17066 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3534/2025 THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI. VERSUS POMPI GOWALA ALIAS POMPY GUWALA AND 2 ORS W/O. LT. MANTUSH GUWALA @ MONTOSH GUWALA, R/O. VILL.- MONABAG T.E., P/O. DARRANG PANBARI, P/S. DHEKIAJULI, DIST. SONIPUTR, ASSAM, PIN-784110 2:MONTUSH GOWALA S/O. LT. KANU GOWALA R/O. VILL.- MONABAG BAGICHA P/O. DARRANG PANBARI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-784110 3:GOBINDA TANTI S/O. NIMAI TANTI R/O. VILL.- MONABAG T.E. P/O. DARRANG PANBARI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-78411 Advocate for the Petitioner : MONDAKINI SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Page No.# 2/2 Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10.12.2025 The present application under Order XLI read with Rule 5 of the CPC, 1908 is filed praying for stay of the impugned Judgment and Order dated 30.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur [‘the Tribunal’] in MAC Case no. 108/2022[D]. Heard Mr. R. Goswami, learned counsel for the applicant. The learned counsel for the applicant submits that the connected appeal has already been admitted for hearing wherein the applicant was directed take steps for service of notice on the respondents. Accordingly, it is prayed that the impugned Judgment and Award dated 30.08.2024 passed by the learned Tribunal may be stayed during the pendency of the connected appeal. The Court has considered the facts and circumstances of the case as well as the submission of the learned counsel for the applicant. For the interest of justice, the impugned Judgment and Award dated 30.08.2024 passed by the learned Tribunal in MAC Case no. 108/2022[D] shall remain stayed subject to the condition that the applicant-appellant shall deposit 50% of the awarded amount before the Registry within 6 [six] weeks’ from today. The interlocutory application stands disposed of. JUDGE Comparing Assistant