Page No.# 1/3 GAHC010233292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./510/2025 MAGMA HDI GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24, PARK STREET, KOLKOTTA-700016 AND BRANCH OFFICE AT 2ND FLOOR, F-FORT, SOUTH SARANIA, ULUBARI, G.S. ROAD, GUWAHATI ASSAM-780307 VERSUS GOPALA DEVI AND ANR. W/O LATE RAMCHANDRA CHOUHAN R/O VILLAGE-PASCHIM AMTOLA P.O.-AMTOLA, P.S AND DISTRICT-HOJAI(ASSAM), PIN-782435. (CLAIMANT) 2:PURAN CHAUHAN S/O LATE DURGA CHARAN CHAUHAN R/O VILLAGE-AMTOLA NO.1 P.O.- AMTOLA P.S AND DISTRICT-HOJAI (ASSAM) PIN-782435 (OWNER/DRIVER OF TRACTOR NO.AS-25/DC-5717 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : , Linked Case : I.A.(Civil)/3557/2025 MAGMA HDI GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24 PARK STREET KOLKOTTA-700016 AND BRANCH OFFICE AT 2ND FLOOR F-FORT SOUTH SARANIA ULUBARI G.S. ROAD GUWAHATI ASSAM-780307 Page No.# 2/3 VERSUS GOPALA DEVI AND ANR. W/O LATE RAMCHANDRA CHOUHAN R/O VILLAGE-PASCHIM AMTOLA P.O.-AMTOLA P.S AND DISTRICT-HOJAI(ASSAM) PIN-782435. (CLAIMANT) 2:PURAN CHAUHAN S/O LATE DURGA CHARAN CHAUHAN R/O VILLAGE-AMTOLA NO.1 P.O.- AMTOLA P.S AND DISTRICT-HOJAI (ASSAM) PIN-782435 (OWNER/DRIVER OF TRACTOR NO.AS-25/DC-5717) ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for GOPALA DEVI AND ANR. BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 10.11.2025. Heard Mr. R. Goswami, learned counsel for the applicant/ appellant. This is an application under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 to stay the operation of the impugned judgment and award dated 22.07.2025, passed by the learned Member, MACT at Hojai in MAC Case No.18(H)/2021. It is submitted by Mr. Goswami, learned counsel for the appellant/insurance company that the insurance company is ready to deposit 50 % of the awarded compensation, subject to stay of further execution of the award. Considering the submission made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 22.07.2025, Page No.# 3/3 passed by the learned Member, MACT at Hojai in MAC Case No.18(H)/2021 is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry. With the above direction, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant