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2025 DAILYLAW 3045 (GAU)

THE ORIENTAL INSURANCE CO. .LTD. v. LIPIKA CHOUDHURY BONIA AND 4 ORS. E

I.A.(Civil)/4116/2025 · 2026-04-19

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010141852023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4116/2025 THE ORIENTAL INSURANCE CO. .LTD. A COMPANY REGISTERED UNDER COMPANIES ACT 1956 REP. BY ITS REGIONAL MANAGER ULUBARI GUWAHATI- 7. VERSUS LIPIKA CHOUDHURY BONIA AND 4 ORS. E W/O LATE JYOTI BIKASH BONIA R/O MOIDUMIA GAON P.O.- MOIDUMIA DIST.- NORTH LAKHIMPUR ASSAM. 2:JUNU BONIA W/O LT. BUDHESHWAR BONIA R/O MOIDUMIA GAON P.O.- MOIDUMIA DIST.- NORTH LAKHIMPUR ASSAM. 3:BHADRESWAR BORDOLOI S/O MANIK BORDOLOI R/O GOGAMUKH P.O.- GOGAMUKH DIST.- NORTH LAKHIMPUR ASSAM 4:JOY PRAKASH SAHU S/O SRI ANANT SAHU R/O PANCH ALI Page No.# 2/4 P.O. AND DIST.- DIST.- DIBRUGARH ASSAM. 5:THE NEW INDIA ASSURANCE CO. LTD. DIVISIONAL OFFICE DIBRUGARH P.O. AND DIST.- DIBRUGARH ASSAM ------------ Advocate for : MR. S K GOSWAMI Advocate for : MS P HUJURI appearing for LIPIKA CHOUDHURY BONIA AND 4 ORS. E In MacApp. Case No. 588/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.04.2026 [1] Heard Mr. S.K. Goswami, the learned counsel for the applicant. Also heard Mr. B. Baruah, the learned counsel for the respondent Nos. 1 and 2(a) as well as Mr. R.K. Bhatra, the learned counsel for the respondent No. 5. [2] This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been preferred by the applicant Insurance Company, in connection with MAC Appeal Case No. 588/2025, praying for stay of execution of the judgement and award dated 15.07.2022, passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, in MAC Case No. 28/2020, during the pendency of the connected MAC Appeal Case No. 588/2025. [3] The learned counsel for the applicant has submitted that the Page No.# 3/4 applicant Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgement and award. [4] The learned counsel for the respondent Nos. 1 and 2(a) as well as Mr. R.K. Bhatra, the learned counsel for the respondent No. 5 does not have any objection to the said proposal. Hence, this interlocutory application is allowed. [5] The execution of impugned judgement and award dated 15.07.2022, passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, in MAC Case No. 28/2020 shall remain stayed during the pendency of the connected MAC Appeal Case No. 588/2025, subject to deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this court within a period of 6(six) weeks from the date of this order. [6] In the event of such deposit by the applicant Insurance Company, Registry shall disburse the same to the respondent Nos. 1 and 2(a)/claimants after proper verification. [7] This interlocutory application (Civil) is, accordingly, disposed of. JUDGE Page No.# 4/4 Comparing Assistant