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2025 DAILYLAW 3377 (GAU)

National Insurance Co Ltd v. Smti Amiya Borbora and 2 Ors

IA(C)/138/2025 · 2026-06-02

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC040008332025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/138/2025 in MACApp./9/2025 National Insurance Co Ltd Age: 0 Occupation : Address:represented by its Ms Danyi Yamung Branch Incharge National Insurance Co Ltd North Lakhimpur Town District Lakhimpur Assam VERSUS Smti Amiya Borbora and 2 Ors Age: 0 Occupation : Address:Wife of Late Arun Chandra Borbora resident of Village Malo Ali Rajatia PO PS and District Jorhat Assam 783126 2:Dorjee Leta (Letro) Age: 0 Occupation : Address:Son of Late Rinchin Dorjee resident of Village Sangti PO and PS Dirang West Kameng District Arunachal Pradesh 790101 3:Lak Pa Tamang Age: 0 Page No.# 2/3 Occupation : Address:Son of Ram Bahadur resident of Village Senai Pam PO and PS Chayduwar Sonitpur District Assam. ------------ Advocate for : H P Phukan Advocate for : appearing for Smti Amiya Borbora and 2 Ors: Advocate , , appearing for 2, 3, respectively. BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 03-06-2026 Heard Mr. H. P. Phukan, learned counsel for the applicant/insurance company and Mr. B. R. Das, learned counsel for the applicant/claimant/respondent. 2. This application has been filed praying for stay of the judgment and order dated 08.08.2024, passed by the learned Member, MACT, West Kameng at Bomdila, Arunachal Pradesh in MAC Case No. 15/2022 whereby the present applicant/appellant was directed to pay Rs.6,08,684/- along with interest @ 7.5% from the date of filing of the claim petition till realization. 3. It is submitted by Mr. Phukan that one appeal has already been filed challenging the award passed by the learned Member MACT which is registered as MAC APP No. 9/2025 which has already been admitted and they have mentioned some grounds, wherein one vital ground is that at the relevant time of accident there was no valid insurance policy for the said offending vehicle. Page No.# 3/3 4. Accordingly, it is submitted that the judgment and order may be stayed till the disposal of the connected appeal. 5. Mr. Das, learned counsel for the respondent/claimant raised no objection is passing the stay order, however, he submitted that the stay order may be passed subject to deposit of 50% of the awarded amount before the Registry of this Court. 6. Considering the submissions made by the learned counsel for both sides the present interlocutory application is allowed and the judgment and order dated 08.08.2024, passed by the learned Member, MACT, West Kameng at Bomdila, Arunachal Pradesh in MAC Case No. 15/2022 is hereby stayed/suspended till disposal of the connected MAC appeal subject to payment of 50% of the awarded amount before the Registry. 7. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant