Page No.# 1/4 GAHC010205542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3188/2025 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED HAVING ITS OFFICE AT SREEJI TOWER, 2ND FLOOR, C/O GAUHATI TEA WAREHOUSING PVT. LTD., ADJACENT TO MAHINDRA SHOWROOM 781006, KAMRUP (M) VERSUS MONUJ SAIKIA S/O SRI DIMBESWAR SAIKIA R/S BENGENAKHOWA GAON, WARD NO.1, P.O. BENGENAKHOWA, P.S.- GOLAGHAT, DISTRICT- GOLAGHAT, ASSAM Advocate for the Petitioner : MR. R BAISHYA, Advocate for the Respondent : , Linked Case : MACApp./448/2025 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED HAVING ITS OFFICE AT SREEJI TOWER 2ND FLOOR C/O GAUHATI TEA WAREHOUSING PVT. LTD. ADJACENT TO MAHINDRA SHOWROOM GUWAHATI-781006 KAMRUP (M) Page No.# 2/4 VERSUS MONUJ SAIKIA S/O SRI DIMBESWAR SAIKIA R/S BENGENAKHOWA GAON WARD NO.1 P.O. BENGENAKHOWA P.S.- GOLAGHAT DISTRICT- GOLAGHAT ASSAM ------------ Advocate for : MR. R BAISHYA Advocate for : MR. M DUTTA appearing for MONUJ SAIKIA BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 13.02.2026 Heard Mr. P.M. Talukdar, learned counsel for the applicant/appellant. Also heard Mr. P.M. Talukdar, learned counsel for the respondent. This interlocutory application has arisen out of an application filed by the appellant insurance company seeking stay of the judgment and order dated 13.6.2025 passed by the learned Member, MACT, Golaghat in MAC Case No. 142 of 2018. Mr. M. Dutta, learned counsel for the sole respondent who was the claimant before the trial. Mr. Talukdar, learned counsel seeks a stay of the impugned judgment and award pending adjudication of this appeal. Page No.# 3/4 The learned counsel for the respondent submits that, if stay is granted, they may be directed to deposit 50% of the awarded amount with permission to the respondent to withdraw the same. It is submitted the appeal has already been admitted. Upon giving my consideration to the matter, till the disposal of the MAC Appeal No.142/2018, the impugned judgment and order dated 13.6.2025 passed by the learned Member, MACT, Golaghat in MAC Case No.142/2018 shall remain stayed. It is however subject to the condition that, the appellant insurance company shall deposit 50% of the awarded amount in MAC Appeal No.142/2018 of MACT, Golaghat before the Registry of this Court, and the respondent/awardee would be at liberty to withdraw the same subject to the usual formalities in the nature of execution of the bond. The learned counsel drawing attention to Para. 51 of the judgment and award submits that the learned Tribunal had directed 30 (thirty) FDRs of Rs.15,000/- each in a Nationalized Bank out of the total awarded amount of Rs. 16,26,068/-. In this context, it is submitted that after the accident causing injuries, the respondent/awardee is having to incur various expenses for treatment and therefore, he may be permitted to make FDRs of Rs.1 lakh. for the moment. However, the learned Tribunal in para 53 has also stated that for any urgent need of money, the claimant may make an application to the Tribunal for permitting withdrawal. Upon considering the projected difficulties of the respondent claimant it is directed the direction in para 51 regarding 30 FDRs shall be put on hold till any Page No.# 4/4 further orders to the contrary and subject to the condition that out of the amount to be received by the respondent, pursuant to deposit by the appellant, he shall make a fixed deposit of Rs.1 lakh in a Nationalized Bank. The appellant insurance company shall deposit the 50% of the awarded amount as mentioned above before the Registry within a period of 4(four) weeks from today. Accordingly, this interlocutory application stands allowed and disposed of, on the aforesaid terms. JUDGE Comparing Assistant