Page No.# 1/3 GAHC010213552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4036/2025 NEW INDIA ASSURANCE CO LTD A PUBLIC SECTOR UNDERTAKING COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT STATE CITY COMPLEX 5TH FLOOR LACHIT NAGAR G.S. ROAD ULUBARI GUWAHATI 781007 REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI ASSAM. VERSUS SAJIRAN NESSA AND ORS WO KUDDUS ALI 1.2:AMINUR ALI SK S/O LATE SOFIQUL HAQUE ALL ARE RESIDING AT VILL. PACHIM GAIKHOWA PART II P.O. DIMAKURI P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 2:CHABAR UDDIN PRODHANI S/O TOMIZ UDDIN PRODHANI R/O VILL. BINNACHARA Page No.# 2/3 PART IV P.O. BALADOBA P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783127 3:ALI HUSSAIN S/O AMIR AKI R/O VILL. P.O. BALADOBA P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783127 ------------ Advocate for : MR. R C PAUL Advocate for : appearing for SAJIRAN NESSA AND ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.12.2025 1. Heard Mr. R. C. Paul, learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant/Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure in connection with MAC Appeal No. 555/2025 praying for stay of execution of the impugned judgment and award dated 16.06.2025 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 51/2019 (D) whereby a compensation amount of Rs.25,45,200/- along with an interest @ 7% per annum was directed to be paid to the claimant respondents. 3. 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. 4. Since, the learned counsel for the applicant is ready to deposit 50% of the Page No.# 3/3 awarded amount, notice to the respondents is waived in this case and this interlocutory application is allowed. 5. The execution of impugned judgment and award dated 16.06.2025 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 51/2019 (D) shall remain stayed during the pendency of the connected MAC Appeal No. 555/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six weeks of the date of this order. 6. With the above observation, this interlocutory application is disposed of. JUDGE Comparing Assistant