Page No.# 1/3 GAHC010037722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/616/2025 SBI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE ANDHEAD OFFICE AT NATRAJ BY RUSTOMJEE 101 LUNCTION OF MV ROADANDWESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI-400069 ITS REGIONAL OFFICE 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA- 700 016 WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN OPPOSITE BORA SERVICE STATION ULUBARI G.S. ROAD GUWAHATI-781007 REP. BY ITS SR. EXECUTIVE-LITIGATION AND TP. VERSUS ABDUL KALAM AND ORS SON OF LATE HAZI SOYEB ALI RESIDENT OF VILLAGE- LAMAJUAR POST OFFICE- LAMAJUAR POLICE STATION - BADARPUR DISTRICT KARIMGANJ ASSAM PIN CODE- 788701 2:BAHAR UDDIN Page No.# 2/3 SON OF TABARAK ALI OF- S.T. ROAD BADARPUR 3 KHADIMAN POLICE STATION- BADARPUR DISTRICT- KARIMGANJ ASSAM PIN-788806 3:ASMAN ALI MOZUMDAR SON OF LATE ADBUL LATIF MOZUMDAR RESIDENT OF VILLAGE - CHIPORSANGON POST OFFICE - ALGAPUR POLICE STATION- ALGAPUR DISTRICT- HAILAKANDI ASSAM PIN CODE 788101 ------------ For the Applicant(s) : Mr. T. Kalita, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.03.2025 This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of the judgment and award dated 25.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Karimganj in MAC Case No.94/2019. 2. It is taken note of that the learned Tribunal had awarded an amount of Rs.7,66,208/- along with interest @6% per annum from the date of filing of the case i.e. 23.12.2019. 3. The learned counsel for the appellant submits that the appellant Insurance Company is ready and willing to deposit the said awarded amount along with the interest subject to giving liberty to the appellant Page No.# 3/3 Insurance Company at a later stage that if the appeal is allowed that they be permitted to recover the said amount deposited. 4. This Court has also taken note of that the appeal has been admitted on an issue not as regards the entitlement of the claimant but on the question as to whether the appellant Insurance Company is liable or it is the owner who would be liable. 5. Considering the above, taking into account that the Motor Vehicles Act, 1988 is a welfare legislation, this Court directs the appellant Insurance Company to deposit the amount of Rs.7,66,208/- along with interest @6% from the date of filing of the claim proceedings till the date of actual deposit before the Registry of this Court. The deposit be made within 6 (six) weeks from today. 6. On such deposit being made, the claimant would be at liberty to file appropriate application before the Registry of this Court for release of the said amount and the Registry after making proper verification and upon due identification and on furnishing the bank particulars, release the said amount to the claimant. 7. It is further observed that in the circumstance the appeal is allowed, the appellant Insurance Company herein would be permitted to recover the same from the owner. 8. I.A. stands disposed of. JUDGE Comparing Assistant