Page No.# 1/3 GAHC010245142024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. :: I.A.(Civil)/1099/2025 SBI GENERAL INSURANCE COMPANY LTD WITH HEAD OFFICE AT JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING OPPOSITE BORA SERVICE G.S. ROAD ULUBARI GUWAHATI-781007 ASSAM. VERSUS INDRANIL BORSAIKIA AND 3 ORS S/O. LT. DYAL CHANDRA BORSAIKIA 2:PRANATI SARMA BORSAIKIA W/O. INDRANIL BORSAIKIA BOTH ARE RESIDENT OF- NO. 1 NIZ-KHOWANG GAON P/O. AND P/S. KHOWANG DIST. DIBRUGARH ASSAM PIN-785675. 3:KRISHNA KR. SHARMA S/O. RANJIT PRASAD SHARMA Page No.# 2/3 R/. KODOMONI KALIBARI RAILWAY COLONY P/O. AND P/S. DIBRUGARH ASSAM PIN-786001. 4:RAJEN DEKA S/O. LT. ANANDARAM DEKA R/O. SBI MON P/S. MON TOWN DIST. MON NAGALAND PIN-798621. ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for INDRANIL BORSAIKIA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date-06.05.2026 1. Heard Mr. R. Goswami, the learned counsel for the appellant. Ms. P. Leptho, the learned counsel appears for the respondent Nos. 1 and 2. 2. This Interlocutory Application has been filed by the applicant/ Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure, 1908, praying for stay of execution of the judgment and award dated 08.07.2024 passed by the Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 27/2019, whereby the applicant was directed to pay a compensation amount of Rs. 45,66,000/- along with an interest at the rate of 7.5% per annum to the claimant/respondent Nos. 1 and 2. 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 of the execution of the impugned judgment and Page No.# 3/3 award during the pendency of the connected MAC Appeal. 4. Considering the submissions made by the learned counsel for the applicant, the learned counsel for the respondent/claimant does not objected to the said prayer. 5. Hence, the same is allowed. 6. The execution of the aforementioned judgment and award shall remain stayed during the pendency of connected MAC Appeal No. 122/2025 subject to the deposit of 50% of awarded amount by the applicant/Insurance Company before the Registry of this Court within six weeks from the date of this order. 7. If the said deposit is made in pursuant to this order by the Insurance Company, the Registry shall release the same to the claimant/respondent Nos.1 and 2 after proper verification. 8. This Interlocutory Application is, accordingly disposed of. JUDGE Comparing Assistant