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2025 DAILYLAW 27205 (GAU)

NATIONAL INSURANCE CO.LTD. v. ANUPAMA KALITA AND 3 ORS

I.A.(Civil)/4038/2025 · 2025-12-14

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010258412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4038/2025 NATIONAL INSURANCE CO.LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. VERSUS ANUPAMA KALITA AND 3 ORS AGED ABOUT 39 YEARS WIFE OF LATE UMESH KALITA 2:SUBHASANA KALITA AGED ABOUT 7 YEARS DAUGHTER OF LATE UMESH KALITA BOTH ARE RESIDENTS OF- VILLAGE NAGARBERA POLICE STATION NAGARBERA POST OFFICE- NAGARBERA DISTRICT- KAMRUP ASSAM PIN 781127 3:INDRAJIT TALUKDAR SON OF BENUDHAR TALUKDAR RESIDENT OF VILLAGE- PIJUPARA POLICE STATIONNAGARBERA POST OFFICE- NAGARBERA DISTRICT- KAMRUP ASSAM PIN781127 Page No.# 2/3 4:DEBABRAT DAS SON OF HARICHARAN DAS RESIDENT OF VILLAGE- TIPLAI POST OFFICE- TIPLAI POLICE STATIONRANJULI DISTRICT- GOALPARA ASSAM PIN-783130 ------------ Advocate for : MR T KALITA Advocate for : appearing for ANUPAMA KALITA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.12.2025 1. Heard Mr. T. Kalita, learned counsel for the appellant. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 557/2025 praying for stay of the execution of the impugned Judgment and Order dated 22.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 14/2022. 3. Since, the learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the awarded amount as a condition for stay of the execution of the impugned judgment and award, this Court is not inclined to issue notice to the respondents and allows the interlocutory application. 4. The execution of the impugned judgment and award dated 22.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 14/2022 shall remain stayed during the pendency of the connected MAC Appeal No. 557/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six Page No.# 3/3 weeks of the date of this order. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant