Page No.# 1/3 GAHC010256552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4056/2025 TATA AIG GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT PENISULA CORPORATE PARK NICOLAS PIRAMAL TOWER 9TH FLOOR GANPATRO KADAM MARG MUMBAI PIN- 400013 ZONAL OFFICE AT CONSTANTIA OFFICE COMPLEX 2ND FLOOR 11 DR U.N. BRAHMACHARI STREET KOLKATA- 700017 AND BRANCH OFFICE AT ABC G.S. ROAD GUWAHATI- 781005. VERSUS TUHINA YUHID AND 2 ORS A W/O LATE JAHIRUL ISLAM VILL.- KAPALKATA P.S.- SONAPUR DIST.- KAMRUP (M) PIN- 782401. 2:SUBITA BEGUM D/O MASDDAR ALI R/O SANKAR PATH P.O. AND P.S.- NAGAON DIST.- NAGAON (ASSAM) PIN- 782001. 3:BULBUL HUSSAIN S/O SAMSUL HAQUE Page No.# 2/3 VILL.- SONAPUR BALIGAON P.S.- SONAPUR DIST.- KAMRUP (ASSAM) PIN- 782401. ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for TUHINA YUHID AND 2 ORS A BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.12.2025 1. Heard Mr. R. Goswami, learned counsel for the applicant. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure has been preferred by the applicant/Insurance Company in connection with MAC Appeal No. 561/2025 praying for stay of the execution of the impugned judgment and award dated 09.08.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M) in MAC Case No. 2393/2019 during the pendency of the connected MAC Appeal. 3. The learned counsel for the applicant has submitted that the applicant/Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay as prayed for by it. Hence, this Court is not inclined to issue notice to the respondents and dispose of this interlocutory application without issuing such notice. 4. Accordingly, this interlocutory application is allowed and the execution of impugned judgment and award dated 09.08.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M) in MAC Case No. 2393/2019 shall remain stayed during the pendency of the connected MAC Page No.# 3/3 Appeal No. 561/2025 subject to deposit of 50% of the awarded amount of Rs.17,77,800/- by the applicant/Insurance Company before the Registry of this Court within six weeks from the date of this order. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant