Page No.# 1/3 GAHC010038292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/778/2025 THE NEW INDIA ASSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REP. BY ITS REGIONAL MANAGER G.S. ROAD GUWAHATI-7. VERSUS BIJEET GOGOI S/O. SRI PRADIP GOGOI R/O. JULIGURI GAON P/O. LAHOWAL P/S. LAHOWAL DIST. DIBRUGARH ASSAM-786010. 2:GOPINATH SONOWAL S/O. KULESWAR SONOWAL R/O. VILL.- NAHARONI GAON P/O. NAHARONI VIA BORBORUAH P/S. BORBORUAH DIST. DIBRUGARH ASSAM-786007. 3:LAKHINATH KONWAR S/O. LATE GOKUL KONWAR R/O. JULIGURI GAON P/O. LAHOWAL P/S. LAHOWAL DIST. DIBRUGARH ASSAM-786010. ------------ Page No.# 2/3 For the Applicant(s) : Mr. A. Acharya, Advocate For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.03.2025 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 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.42/2019. 2. This Court has duly taken note of that the Appellant Insurance Company have challenged the quantum on the ground of excess amount of Rs.60,000/- which have been imposed in respect to medical expenses which was beyond the evidence adduced. 3. Taking into account the above, it would be deemed that the appellant have duly admitted the amount of Rs.4,80,000/-. Accordingly, this Court stays the impugned judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.42/2019 subject to deposit of an amount of Rs.4,80,000/- along with interest @7% per annum from the date of filing of the claim petition before the Registry of this Court within 6(six) weeks from today. 4. This Court further taking into account the second ground of Page No.# 3/3 objection observes that in the circumstance the appellant is successful in the instant appeal in respect to the challenge to the validity of the Driving License of the driver, this Court would pass appropriate orders for recovery from the owner, the amount so deposited by the Appellant Insurance Company as directed above. 5. The claimant shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimant. 6. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant