NEW INDIA ASSURANCE COMPANY LIMITED v. SMTI SHIBANI SAHA AND 4 OTHERS
I.A.(Civil)/2469/2025 · 2026-06-02
Robin Phukan
body2025
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[ 2025 DAILYLAW 3378 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3378 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2469/2025 NEW INDIA ASSURANCE COMPANY LIMITED (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI STARCITY COMPLEX G.S. ROAD LACHITNAGAR GUWAHATI 781007 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE LACHITNAGAR GUWAHATI 781007 VERSUS SMTI SHIBANI SAHA AND 4 OTHERS W//O LATE RATANLAL SAHA 2:SMT. RANJEETA DAS SAHA W/O LATE RAJU SAHA 3:MASTER HARSHEET SAHA S/O LATE RAJU SAHA ALL ARE R/O VILL. NAAKHOLA GRANT P.O. JAGIROAD P.S. MAYONG DIST. MORIGAON ASSAM PIN 782410 4:AZAD ALI
Page No.# 2/3 S/O JOHURUDDIN R/O VILL. KHARUBHAJ P.O. RAJMITA LAKHIPUR DIST. GOALPARA ASSAM PIN 783129 5:SHAHADOT HUSSAIN S/O AKRAM ALI C/O AKBAR ALI R/O H.NO. 21 SRIMANTAPUR GUWAHATI P.O. INDRAPUR BHANGAGARH DIST. KAMRUP (M) ASSAM PIN 781005 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MR. S SAHA(R-1 2 3) appearing for SMTI SHIBANI SAHA AND 4 OTHERS
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER 03.06.2026
Heard Ms. R.D. Mozumdar, learned counsel for the applicant; Mr. R. Paul,
learned counsel for the opposite party No. 1; and Mr. S.K. Goswami, learned counsel for the opposite party Nos. 2 & 3.
2. This interlocutory application is preferred by the applicant for staying the operation of the judgment and award dated 24.07.2024, passed by the learned Member, MACT No. 1, Kamrup (M) at Guwahati, in MAC Case No. 1060/2018.
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3. It is to be noted here that vide impugned judgment and award dated 24.07.2024, the learned tribunal has directed the applicant to pay a sum of Rs. 40,27,608/- to the opposite parties as compensation along with interest @ 9% per annum from the date of filing of the claim petition, till realization.
4. Ms. Mozumdar, learned counsel for the applicant submits that the connected MAC Appeal has already been admitted and the record has also been called for and as such, there is a requirement of staying the operation of the
judgment and award dated 24.07.2024, till disposal of the connected MAC Appeal.
5. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court is inclined to stay the operation of the judgment and award dated 24.07.2024.
6. Accordingly, it is provided that till disposal of the connected appeal, the
judgment and award dated 24.07.2024, passed by the learned tribunal, in MAC Case No. 1060/2018, stands stayed, subject, however, to the condition that the applicant shall deposit a sum of Rs. 20,00,000/- before the Registry of this Court, within a period of 4 (four) weeks from today. On such deposit being made, a sum of Rs. 5,00,000/- shall be kept as fixed deposit by the registry in the name of the opposite party No. 3 and Rs. 10,00,000/- be released in favour of the opposite party No. 2 and Rs. 5,00,000/- in favour of the opposite party No. 1, after proper identification and verification.
7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant