Page No.# 1/4 GAHC010134042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4053/2025 THE RELIANCE GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 19 RELAINCE CENTRE WALCHAND HIRACHAND MARG BALLARD ESTATE MUMBAI 400001 AND CORPORATE OFFICE AT 570 RECTIFIER HOUSE NAGAUM CROSS NEXT TO ROYAL INDUSTRIAL ESTATE WADALA (W) MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA 5TH FLOOR G.S. ROAD BHANGAGARH GUWAHATI- 781005. VERSUS ANUZA SALOI AND 2 ORS F W/O LATE SIMANTA SALOI VILL.- MIRZA NARAYANPUR P.O.- MIRZA P.S.- PALASHBARI DIST.- KAMRUP ASSAM PIN- 781101. 2:BIKASH SALOI S/O LATE SIMANTA SALOI VILL.- MIRZA NARAYANPUR P.O.- MIRZA P.S.- PALASHBARI DIST.- KAMRUP Page No.# 2/4 ASSAM PIN- 781101 3:SAMSUL ALI S/O ASUR ALI. VILL.- MADHOPUR P.O.- MOROWA P.S.- MUKALMUA DIST.- NALBARI ASSAM PIN- 781348. 4:FIAZ ALI S/O SAMSUL HOQUE VILL.- MADHAPUR P.O.- MOROWA DIST.- NALBARI ASSAM PIN- 781348. ------------ Advocate for : MR. A J SAIKIA Advocate for : MR. N DEBNATH appearing for ANUZA SALOI AND 2 ORS F BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.12.2025 1. Heard Mr. A. J. Saikia, learned counsel for the applicant. Also heard Mr. N. Debnath, learned counsel for the respondents/claimants. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been preferred by the applicant in connection with MAC Appeal No. 560/2025 praying for staying of execution of the impugned Judgment and Award dated 29.01.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 1738/2019 whereby the present applicant/Insurance Company was directed to pay compensation amount of Rs.89,37,386.40/- along with an interest @ 9% per annum from the date of filing of the evidence on affidavit till the date of realization. Page No.# 3/4 3. The learned counsel for the appellant has submitted that there is every possibility of the applicant/Insurance Company of getting a favourable order in the connected MAC Appeal No. 560/2025 and, therefore, prays for stay of the execution of the impugned judgment and award during the pendency of the said appeal. 4. On the other hand, the learned counsel for the respondents/claimants has opposed the said prayer on the ground that the Tribunal was right in awarding the compensation amount in favour of the present claimants/respondents and he submits that there is every likelihood that the connected appeal filed by the present appellant/applicant to be dismissed. 5. Considering the submissions made by the learned counsel for the parties as well as after considering the grounds of appeal taken by the present applicant in the memo of appeal of the connected MAC Appeal, this Court is inclined to allow this application and stay the execution of the impugned judgment and award during the pendency of the connected MAC Appeal. 6. Accordingly, the impugned Judgment and Award dated 29.01.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 1738/2019 is hereby stayed during the pendency of the connected MAC Appeal No. 560/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within a period of six weeks from the date of this order. 7. In case of such deposit being made by the applicant/appellant, the Registry shall disburse the said amount to the respondent Nos. 1 and 2/claimants after proper verification on their furnishing an indemnity bond of Rs.44,68,693/-. Page No.# 4/4 8. With the above observation, this interlocutory application is disposed of. JUDGE Comparing Assistant