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2025 DAILYLAW 26444 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. SMT MANJU MAHANTA AND 5 ORS.

I.A.(Civil)/3695/2025 · 2025-11-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010183772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3695/2025 NEW INDIA ASSURANCE CO. LTD. A CO. REGD. UNDER THE COMPANIES ACT 1956 REP. BY ITS REGIONAL MANAGER G.S ROAD GUWAHATI-07. VERSUS SMT MANJU MAHANTA AND 5 ORS. W/O. LT PRADIP MAHANTA 2:SMT DIPSHIKHA MAHANTA D/O LT PRADIP MAHANTA 3:SMT ANKITA MAHANTA D/O LT PRADIP MAHANTA 4:SRI PRIYAM KASHYAP S/O LT PRADIP MAHANTA ALL ARE R/O VILL.- JAPARKUCHI BALILECHA PO CHOWKBAZAR TERECHIA PS NALBARI ASSAM PIN-781334 5:RAJIK HUSSAIN S/O NURUR RAHMAN R/O VILL KUMIRIKATA PO DEHAR KALAKUCHI PS MUKALMUA Page No.# 2/3 DIST. NALBARI ASSAM PIN-781310 6:MD JEHERUL ISLAM S/O DERAJ ALI R/O VILL KUMIRIKATA PO DEHAR KALAKUCHI PS MUKALMUA NALBARI ASSAM PIN-781310 ------------ Advocate for : MR. A ACHARYA Advocate for : appearing for SMT MANJU MAHANTA AND 5 ORS. In MACApp. Case No. 524/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.11.2025 1. Heard Mr. A. Acharya, the learned counsel for the applicant/assurance company. 2. This interlocutory application has been filed by the applicant/assurance company praying for stay of the execution of the judgment and award dated 05.03.2025, passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 1564/2018. 3. The applicant has impugned the aforesaid judgment and award by preferring the connected appeal No. 524/2025. 4. The applicant/appellant is aggrieved mainly with the quantum of the compensation awarded to the claimant/respondents. Page No.# 3/3 5. The learned counsel for the applicant submits that the applicant is ready to deposit 50 % of the awarded amount as a condition for grant of stay of the execution of the impugned judgment and award. 6. Considering the submissions the notice to the respondents is waived and this interlocutory application is allowed. 7. The execution of the impugned judgment and award dated 05.03.2025, passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 1564/2018 is hereby stayed, subject to deposit of 50 % of the awarded amount by the applicant before the Registry of this court within a period of 6(six) weeks from the date of this order. 8. This interlocutory application (civil) is, accordingly, disposed of. JUDGE Comparing Assistant