Page No.# 1/6 GAHC020002112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/60/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY THE DIVISIONAL MANAGER DIVISIONAL OFFICE DIMAPUR NAGALANBD-797112 2: M/S NEW INDIA ASSURANCE CO.LTD SERVING OFFICE- DO 122200 NEW INDIA CENTRE IST FLOOR 17-A COOPERAGE ROAD MUMBAI MAHARTASHTRA-400001 VERSUS SHRI BIJU DUTTA AND 5 ORS W/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 2:SHRI AMAN DUTTA S/O LATE NITAI RESPONDENT NO. 2 3 Page No.# 2/6 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 3:SMTI PIYALI DUTTA D/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 4:SHRI PARUL DUTTA W/O LATE KALIPADA DUTTA AND MOTHER OF NITAI DUTTA REPRESENTED BY SHRI BIJU DUTTA W/O LATE NITAI DUTTA PRESENTLY RESIDING AT BIHPURIA TOWN WARD NO. 7 P.O/P.S. - BIHPURIA DISTRICT-LAKHIMPUR ASSAM PIN-784161 AND ALSO HAVING ALTERNATE(PERMANENT) ADDRESS AT VILLAGE-BIHPURIA TOWN WARD NO.7 P.O./P.S.-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-78416 5:SHRI UTTAM DEVNATH S/O LATE SUK DEBNATH BIHPURA TOWN WARD 7 P.O BIHPURIA DISTRICT- LAKHIMPUR ASSAM -784161 6:M/S TATA MOTORS INSURANCE BROKING AND ADVISORY SERVICES LTD. Page No.# 3/6 1ST FLOOR AFL HOUSE LOK BHARATI COMPLEX MAROLO MAROSHI ROAD ANDHERI EAST MUMBAI-400059 ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : appearing for SHRI BIJU DUTTA AND 5 ORS Linked Case : MACApp./6/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY THE DIVISIONAL MANAGER DIVISIONAL OFFICE DIMAPUR NAGALANBD-797112 2: M/S NEW INDIA ASSURANCE CO.LTD SERVING OFFICE- DO 122200 NEW INDIA CENTRE IST FLOOR 17-A COOPERAGE ROAD MUMBAI MAHARTASHTRA-400001 VERSUS SHRI BIJU DUTTA AND 5 ORS W/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 2:SHRI AMAN DUTTA S/O LATE NITAI RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 Page No.# 4/6 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 3:SMTI PIYALI DUTTA D/O LATE NITAI DUTTA RESPONDENT NO. 2 3 4 ARE REPRESENTED BY R.NO. 1 BEING THE NATURAL GUARDIAN AS MOTHER TO R/NO. 2 AND 3 AND DAUGHTER -IN-LAW OF R/NO.4 WHO IS PRESENTLY RESIDING AT C/O SHRI MEREN JAMIR TUENSANG TOWN PO AND PS - TUENSANG DISTRICT - TUENSANG NAGALAND-798612 AND ALSO HAVING ALTERNATE (PERMANENT) ADDRESS AT VILLAGE-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-784161 4:SHRI PARUL DUTTA W/O LATE KALIPADA DUTTA AND MOTHER OF NITAI DUTTA REPRESENTED BY SHRI BIJU DUTTA W/O LATE NITAI DUTTA PRESENTLY RESIDING AT BIHPURIA TOWN WARD NO. 7 P.O/P.S. - BIHPURIA DISTRICT-LAKHIMPUR ASSAM PIN-784161 AND ALSO HAVING ALTERNATE(PERMANENT) ADDRESS AT VILLAGE-BIHPURIA TOWN WARD NO.7 P.O./P.S.-BIHPURIA DISTRICT-LAKHIMPUR ASSAM-78416 5:SHRI UTTAM DEVNATH S/O LATE SUK DEBNATH BIHPURA TOWN WARD 7 P.O BIHPURIA DISTRICT- LAKHIMPUR ASSAM -784161 6:M/S TATA MOTORS INSURANCE BROKING AND ADVISORY SERVICES LTD. 1ST FLOOR AFL HOUSE Page No.# 5/6 LOK BHARATI COMPLEX MAROLO MAROSHI ROAD ANDHERI EAST MUMBAI-400059 ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : B. N. SARMAH appearing for SHRI BIJU DUTTA AND 5 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 18/05/2026 The instant application has been filed by the applicant praying for stay of the operation of Impugned Judgment & Award dated 26.09.2024 passed by the learned Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No.10/2022. 2. Heard Mr. Medo Vero, learned counsel for the appellant/ applicant. 3. The appellant submits that the appellant/applicant has taken good grounds for appeal and MAC Appeal No.6/2025 which has been preferred against the Impugned Judgment & Award dated 26.09.2024 passed by the Ld. Member, Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No.10/2022, has been admitted by this Court and therefore, it is prayed that in the interest of justice the Impugned Judgment & Award may be stayed during the pendency of the appeal. 4. The Court has considered the application and the prayer of submission of the learned counsel, and it is directed that the Impugned Judgment Page No.# 6/6 and Award dated 26.09.2024 in MAC Case No.10/2022 shall remain suspended during the pendency of the MAC Appeal No.6/2025 subject to deposit of 50% of the awarded amount by the appellant/ applicant within a period of 6 (six) weeks from today. JUDGE Comparing Assistant