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2025 DAILYLAW 25713 (GAU)

SBI GENERAL INSURANCE COMPANY LTD v. PRABITA BORAH AND ANR.

I.A.(Civil)/3560/2025 · 2025-11-09

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010234752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/3560/2025 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI EAST MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING OPPOSITE BORA S VERSUS PRABITA BORAH AND ANR. W/O SRI PRADIP BORAH R/O-VILLAGE-GHATUA BARATI P.S.THELAMARA DISTRICTSONITPUR ASSAM PIN784149. CLAIMANT 2:ROSESWAR BORAH S/O LATE MILARAM BORAH R/O-VILLAGE-GOTONGA P.S.TEZPUR DISTRICTSONITPUR ASSAM PINCODE784001. OWNER OF THE VEHICLE NO.AS-12R-2115 ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for PRABITA BORAH AND ANR. Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --10.11.2025 Heard Mr. R. Goswami, the learned counsel for the applicant/appellant. This is an application for stay of the petition under Order XLI Rule 5 of the CPC against the impugned Judgment & Award dated 25.07.2025 passed by the learned Member, MACT, Sonitpur in MAC Case No. 70/2023(D). It is submitted by Mr. Goswami that the connected appeal is filed challenging the order of the learned Member, MACT on the ground that the statutory policy do no cover the liability and risk of the occupant. However, the applicant/appellant is ready to deposit 50% of the awarded amount. In view of this, the execution of the Judgment & Award dated 25.07.2025 be stayed till disposal of the connected appeal subject to deposit of 50% of the awarded amount before the Registry within 6 weeks from the date of order. With the above observations, the I.A. stands disposed of. JUDGE Comparing Assistant