Page No.# 1/3 GAHC010027502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2454/2024 In MACApp./406/2024 UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED HEAD OFFICE AT 24 WHITES ROAD CHENNAI- 600014 ANDWITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD GUWAHATI REPRESENTED BY THE REGIONAL MANAGER. VERSUS GOKUL SAWRA AND 2 ORS F S/O LT. DUKHU SAWRA VILL.- 3 NO NA-PANI P.S.- SAMAGURI DIST.- NAGAON ASSAM. 2:ABDUL KARIM AZAD S/O LT. JAINAL ABDIN VILL.- PALIGURI P.S.- JAGIROAD DIST.- MORIGAON ASSAM. 3:MD. HAFIZUDDIN C/O RANJU ALI S/O LT. JALALUDDIN OF TOPATULI KHETRI A/A 2 NO. BONGALBORI JAGIROAD DIST.- MORIGAON. ------------ Page No.# 2/3 Advocate for : MR A N DAS Advocate for : appearing for GOKUL SAWRA AND 2 ORS F BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03.03.2025 Heard learned counsel Mr. A.N. Das for the applicant/appellant and Mr. D. Mondal, learned counsel for the respondent No. 1/opposite party No. 1. 2. This application is filed by the applicant/appellant for staying of the operation of the order/award dated 23.08.2023 passed by the Member, MACT, Nagaon in connection with MAC Case No. 47/2020 directing the applicant/appellant to pay a compensation of Rs.11,35,400/- (Rupees Eleven Lacs Thirty Five Thousand and Four Hundred) to the respondent No. 1/opposite party No. 1. 3. It is submitted by the learned counsel for the applicant that a fraud has been committed while issuing the Postmortem report as the age of the deceased was not reflected in the Postmortem report. 4. Learned counsel for the respondent No. 1/opposite party No. 1 has raised serious objection stating that the respondent No. 1/opposite party No. 1 will be highly prejudiced if 50% of the award deposited by the applicant/appellant is not allowed to be withdrawn. It is further submitted that that the claimant/respondent No. 1/opposite party No. 1’s only son died in the accident. 5. I have considered the submissions at the bar with circumspection. Page No.# 3/3 6. The operation of the order/award dated 23.08.2023 passed by the Member, MACT, Nagaon in connection with MAC Case No. 47/2020 is hereby stayed until further orders. Meanwhile, the amount of Rs.5,67,700/- (Rupees Five Lacs Sixty Seven Thousand and Seven Hundred) already deposited by the applicant/appellant before the Registry of this Court, may be allowed to be withdrawn by the respondent No. 1/opposite party No. 1/claimant on execution of a bond issued by the claimant to the satisfaction of the Registry of this Court. 7. The Registry may also impose other conditions. 8. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant