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2025 DAILYLAW 3153 (GAU)

LIBERTY GENERAL INSURANCE LTD v. RANJITA NATH AND 6 ORS

I.A.(Civil)/4107/2025 · 2026-02-08

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010238592024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4107/2025 LIBERTY GENERAL INSURANCE LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR TOWER A PENINSULA BUSINESS PARK GANPATRAO KADAM MARG LOWER PAREL (WEST) MUMBAI-400013 MAHARASHTRA AND ITS BRANCH OFFICE AT 4TH FLOOR GANAPATI ENCLAVE BORA SERVICE G.S. ROAD GUWAHATI KAMRUP (M) PIN-781007. VERSUS RANJITA NATH AND 6 ORS W/O. LATE HEMEN CHANDRA NATH 2:SAURAV NATH S/O. LATE HEMEN CHANDRA NATH 3:MINTU NATH S/O. LATE HEMEN CHANDRA NATH 4:KRISHNA NATH D/O. LATE HEMEN CHANDRA NATH 5:TARUBALA NATH M/O. LATE HEMEN CHANDRA NATH ALL ARE THE RESIDENT OF VILL.- UTTAR GANAK GARI Page No.# 2/3 P/S. SARBHOG DIST. BARPETA ASSAM. 6:GURUDEV DAS S/O. KAMALESWAR DAS R/O. VILL.- CHAKBAUSI P/O. BHALUKDOBA P/S. SORBHOG DIST. BARPETA ASSAM PIN-781317. 7:KHANINDRAJIT DAS S/O. BISHNU RAM DAS R/O. VILL.- PHEHURAHKOWA P/O. BHULUKA DIST. BARPETA ASSAM PIN-781317. ------------ Advocate for : MR T KALITA Advocate for : MS. M MALLIK(R-6) appearing for RANJITA NATH AND 6 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.02.2026 Heard Mr. T. Kalita, learned counsel for the applicant and Mr. B. Hussain, learned counsel for the opposite No. 6. 2. This interlocutory application is preferred by the applicant, under Order XLI Rule 5 of the CPC, for staying the operation of Judgment and Award dated 18.01.2024, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 514/2019. 3. It is to be noted here that vide impugned Judgment and Award dated 18.01.2024, the learned Tribunal has directed the appellant to pay a sum of Rs. Page No.# 3/3 48,61,274/- to the claimants as compensation along with interest @ 9% per annum from the date of filing of the claim petition till realization. 4. Mr. Kalita, learned counsel for the applicant submits that the applicant has preferred an appeal being, M.A.C. Appeal No. 583/2025 and the same has already been admitted and notice has been issued and the record has also been called for and as such, there is a requirement of staying the operation of the impugned Judgment and Award dated 18.01.2024, till disposal of the appeal. 5. Having considered the submission of Mr. Kalita, learned counsel for the applicant and also considering the facts and circumstances on the record, this Court is inclined to stay the operation of Judgment and Award dated 18.01.2024, passed by the learned Tribunal, in M.A.C. Case No. 514/2019. 6. Accordingly, it is provided that till disposal of the connected appeal, i.e. M.A.C. Appeal No. 583/2025, the operation of Judgment and Award dated 18.01.2024, passed by the learned Tribunal, in M.A.C. Case No. 514/2019, stands stayed, subject, however, to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this court, within a period of 15 (fifteen) days from today. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant