THE NATIONAL INSURANCE COMPANY LTD v. NURJAHAN BIBI AND 9 ORS
I.A.(Civil)/3772/2025 · 2025-11-23
Mridul Kumar Kalita
body2025
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[ 2025 DAILYLAW 26799 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26799 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3772/2025 THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO. CBD 81 NEW TOWN KOLKATA 700156 AND THE REGIONAL OFFICE AT BHANGAGARH GUWAHATI 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS NURJAHAN BIBI AND 9 ORS W/O LATE JAHANGIR TALUKDAR 2:NURUDDIN TALUKDAR S/O LATE JAHANGIR TALUKDAR 3:MUSHARAPH TALUKDAR S/O LATE JAHANGIR TALUKDAR 4:AYSHA KHATUN D/O LATE JAHANGIR TALUKDAR 5:JAYNAL TALUKDAR S/O LATE BAHAJ UDDIN TALUKDAR 6:CHALEHA TALUKDAR W/O JAYNAL TALUKDAR (CLAIMANT NOS 2 3 AND 4 ARE REPRESENTED BY THEIR MOTHER NURJAHAN BIBI) ALL ARE
Page No.# 2/5 R/O VILL. PURBA FALMARI P.S. BOXIRHAT DIST. COOCH BEHAR WEST BENGAL. 7:CHAPAL MUKHERJEE S/O SAMBHU NATH MUKHERJEE VILL. BANTIKA BAICHEE P.S. PANDUA DIST. HOOGLY (WEST BENGAL). 8:SUSHANTA SIL AND MADHAB CH. PAUL VILL. AND P.O. BAINCHI P.S. PANDUA DIST. HOOGLY (WEST BENGAL) 9:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER DHUBRI P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM. 10:BINOY BARMAN S/O SARBESWAR BARMAN VILL. BALAKUNTHI P.O. BOXIRHAT DIST. COOCH BEHAR WEST BENGAL. ------------ Advocate for : MRS. D DAS BARMAN Advocate for : appearing for NURJAHAN BIBI AND 9 ORS Linked Case :MACApp./530/2025 THE NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO. CBD 81, NEW TOWN, KOLKATA 700156 AND THE REGIONAL OFFICE AT BHANGAGARH, GUWAHATI 781005, REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, VERSUS
Page No.# 3/5 NURJAHAN BIBI AND 9 ORS W/O LATE JAHANGIR TALUKDAR 2:NURUDDIN TALUKDAR S/O LATE JAHANGIR TALUKDAR 3:MUSHARAPH TALUKDAR S/O LATE JAHANGIR TALUKDAR 4:AYSHA KHATUN D/O LATE JAHANGIR TALUKDAR 5:JAYNAL TALUKDAR S/O LATE BAHAJ UDDIN TALUKDAR 6:CHALEHA TALUKDAR W/O JAYNAL TALUKDAR (CLAIMANT NOS 2 3 AND 4 ARE REPRESENTED BY THEIR MOTHER NURJAHAN BIBI) ALL ARE R/O VILL. PURBA FALMARI P.S. BOXIRHAT DIST. COOCH BEHAR WEST BENGAL. 7:CHAPAL MUKHERJEE S/O SAMBHU NATH MUKHERJEE VILL. BANTIKA BAICHEE P.S. PANDUA DIST. HOOGLY (WEST BENGAL). 8:SUSHANTA SIL AND MADHAB CH. PAUL VILL. AND P.O. BAINCHI P.S. PANDUA DIST. HOOGLY (WEST BENGAL) 9:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER DHUBRI P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM. 10:BINOY BARMAN
Page No.# 4/5 S/O SARBESWAR BARMAN VILL. BALAKUNTHI P.O. BOXIRHAT DIST. COOCH BEHAR WEST BENGAL Advocate for the Petitioner : MRS. D DAS BARMAN, MS.
P CHUTIA Advocate for the Respondent : ,
BEFORE HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
24/11/2025 Heard Ms. D D Barman, learned counsel for the applicant.
2. This application under Order 41 Rule 5 of the Code of Civil Procedure has been filed by the applicant praying for stay of the execution of the judgment and award dated 11.08.2025 passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No. 03/2018 (D).
3. The applicant has impugned the aforesaid judgment by preferring the connected MACApp. No. 530/2025.
4. The learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the awarded amount as a condition of stay.
5. Considering the submissions made by the learned counsel for the applicant, the notice to respondents is made in this Interlocutory Application and the execution of the impugned
judgment and award passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No. 03/2018 (D) is hereby stayed during the pendency of the connected MACApp. No. 530/2025, subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from the date of this order.
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6. This Interlocutory Application is accordingly disposed of.
JUDGE Comparing Assistant