Page No.# 1/4 GAHC010171992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./507/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201- 202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. VERSUS NAYANMANI PEGU @S NAYANMONI PEGU AND 5 ORS W/O. LT. DHANUJ PEGU @ DHONUJ PEGU 2:DEVASHREE PEGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU 3:PUSPANJALI PRGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU 4:HEMESWARI PEGU @ HIMESWARI W/O. SRI BHABAKANTA PEGU @ BHAWAKANTA PEGU ALL ARE R/O. VILL.- TINGIRI GAON P/S. GOGAMUKH DIST. DHIMAJI ASSAM PIN-787035 PRESENT ADDRESS- R/O. ADABARI P/S JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781126 5:ARUP GOGOI S/O. SRI PURNANDA GOGOI Page No.# 2/4 R/O. VILL.- MANGALATI P/O. BORDOLONI P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-787026 6:DEBESWAR PAIT S/O. LT. RUKESWAR PAIT R/O. VILL.- NAMANI TAJIK GAON P/O. AND P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-78703 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : FOR CAVEATOR, MR. A R AGARWALA,MR ADITYA AGARWALA Linked Case : I.A.(Civil)/3551/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK AMBUJA REALITY CAMPUS ACTION AREA 110 NORTH TWENTY FOUR PARGANA WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA G.S. ROAD GUWAHATI-781007. VERSUS NAYANMONI PEGU @ NAYANMONI PEGU AND 5 ORS W/O. LT. DHANUJ PEGU @ DHONUJ PEGU 2:DEVASHREE PEGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU 3:PUSPANJALI PRGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU Page No.# 3/4 4:HEMESWARI PEGU @ HIMESWARI W/O. SRI BHABAKANTA PEGU @ BHAWAKANTA PEGU ALL ARE R/O. VILL.- TINGIRI GAON P/S. GOGAMUKH DIST. DHIMAJI ASSAM PIN-787035 PRESENT ADDRESS- R/O. ADABARI P/S JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781126 5:ARUP GOGOI S/O. SRI PURNANDA GOGOI R/O. VILL.- MANGALATI P/O. BORDOLONI P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-787026 6:DEBESWAR PAIT S/O. LT. RUKESWAR PAIT R/O. VILL.- NAMANI TAJIK GAON P/O. AND P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-787034 ------------ Advocate for : MS. M SAIKIA Advocate for : FOR CAVEATOR appearing for NAYANMONI PEGU @ NAYANMONI PEGU AND 5 ORS 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. Though the names of two counsel for the opp. Parties/respondents are reflected in the cause list but none appears on call for them. Page No.# 4/4 This is an application under Order 41, Rule 5 of the Code of Civil Procedure to stay the operation of the impugned judgment and award dated 05.05.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Case No.722/2022. 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 05.05.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Case No.722/2022 is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry. In view of this, the application is allowed. Accordingly, the Registry is hereby directed to release the 50 % of the awarded amount to the respondents/claimant(s), which is to be deposited by the appellant, after due and proper verification, subject to furnishing an indemnity bond. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant