Page No.# 1/3 GAHC010214832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3264/2025 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR HDFC HOUSE 165-166 BACKDAY RECLAMATION H.T.PAREKH MARG CHURCHGATE MUMBAI 400020 MAHARASHTRA ITS ZONAL OFFICE AT FOURTH FLOOR BLOCK OFFICE AT FOURT FLOOR BLOCK-C 22 CAMAC STREET KOLKATA-700016 AND THE BRANCH OFFICE IS AT ADITYAM TOWER 6TH FLOOR ULUBARI G.S. ROAD GUWAHATI KAMRUP (M) ASSAM IS REP. BY ITS DEPUTY MANAGER LITIGATION DEPARTMENT AND T.P CLAIMS VERSUS INDIRA NARAH AND ANR. WIFE OF -SONMONI NARAH RESIDENT OF - NAGAN CHUK POST OFFICE JENGRAIMUKH POLICE STATIONJENGRAIMUKH DISTRICT- MAJULI ASSAM PIN CODE-785105 2:BEVARA PRASAD RAO Page No.# 2/3 SON OF NARAYAN RAO RESIDENT OF- HOUSE NO. DF-4 JACK BIB RESIDENCY DONGRIM NAVELIM N/O- SREKAKULEM SOUTH GOA PIN CODE-403707 (OWNER OF THE SCOOTY BEARING NO. GA 08/B-3548) ------------ Advocate for : MR T KALITA Advocate for : appearing for INDIRA NARAH AND ANR. In MACApp. Case No. 460/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.03.2026 [1] Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Mr. B.R. Das, the learned counsel for the respondent No. 1 appearing through video-conferencing. [2] This application under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant/insurance company praying for stay of execution of the impugned judgment and award dated 19.06.2025, passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur in MAC (Death) Case No. 09/2022. Though the notice on the respondent No. 2 has not yet been served, however, considering the submissions made by the learned counsel for the applicant that the applicant/insurance company is ready to deposit 50 % of the awarded amount as a condition for staying the execution of the impugned judgment and award, the notice to Page No.# 3/3 respondent No. 2 is hereby waived and this interlocutory application is allowed. [3] The execution of the impugned judgment and award dated 19.06.2025, passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur in MAC(Death) Case No. 09/2022. is hereby stayed, subject to 50% of the awarded amount by the applicant/insurance company before the Registry of this court within a period of 6(six) weeks, from the date of this order. [4] This Interlocutory Application (Civil) is, accordingly, disposed of. JUDGE Comparing Assistant