Page No.# 1/4 GAHC010037672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/614/2025 SBI GENERAl INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTOMJEE 101 LUNCTION OF MV ROAD AND WESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI-400069 ITS REGIONAL OFFICE 4TH FLOOR 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 SUME BEGUM @ SUMI BEGUM @ SUMI KHATUN WIFE OF MD. INAMUL HAQUE RESIDENT OF VILLAGE- BHALUKEKHOWA POLICE STATION- TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE- 788701 2:SUHANA BEGUM DAUGHTER OF MD. INAMUL HAQUE RESIDENT OF VILLAGE- BHALUKEKHOWA Page No.# 2/4 POLICE STATION - TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE- 788701 (THE RESPONDENT NO. 2 BEING MINOR IS REP. BY THE RESPONDENT NO.1- MOTHER) 3:MOTIUR RAHMAN SON OF MANSUR ALI RESIDENT OF VILLAGE- BAGALIJAN POLICE STATION- LAKHIMPUR DISTRICT- LAKHMPUR ASSAM PIN-787001 4:RUPSUN ALI SON OF SAMSUL ALI RESIDENT OF VILLAGE-BUWALGURI POLICE STATION- LAKHIMPUR DISTRICT- LAKHIMPUR ASSAM PIN CODE 787001 ------------ 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 04.12.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.1/2023(I). 2. It is taken note of that the learned Tribunal had awarded an amount Page No.# 3/4 of Rs.1,10,644/- along with interest @7.5% per annum from the date of filing of the case till realization. 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 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.1,10,644/- along with interest @7.5% 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. Page No.# 4/4 8. I.A. stands disposed of. JUDGE Comparing Assistant