Page No.# 1/3 GAHC010043192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/626/2025 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7 DIST. KAMRUP ASSAM. VERSUS CHANDESHWAR SAH AND ORS S/O LATE BIRJU SAH VIRJU SAH R/O VILLAGE- BERUA P.S.- GAIGHAT DISTRICT- MAUZAFARPUR BIHAR PRESENT ADDRESS R/O COTANAGAR MALIGAON C/O SURESH KUMAR P.O.- GOTANAGAR P.S.- JALUKBARI DISTRICT- KAMRUP(M) ASSAM GUWAHATI- 781011 2:RANJIT DAD S/O DHARANIDAS C/O DINESH KUMAR R/O 161 NEAR BASANTI MANDIR GOTANGAR MALIGAON P.S.- JALUKBARI DISTRICT- KAMRUP(M) ASSAM. PIN- 781011 Page No.# 2/3 3:ALI HUSSIAN S/O ACHIR MIYA R/O JARIDHALANADI P.O.- JARIDHALANADI P.S.- DINHARA COOCH BIHAR DISTRICT- COOCH BIHAR WEST BENGAL PIN- 736175 ------------ For the Applicant(s) : Mr. S. K. Goswami, 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 29.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati in MAC Case No.229/2020 whereby an amount of Rs.46,39,461/- was awarded along with interest @9% per annum from the date of filing of the claim petition i.e. 05.02.2020 till realization. 2. This Court after duly considering the accompanying appeal had admitted the appeal by assigning due reasons. 3. Taking into account that the appeal has been admitted, it is the opinion of this Court that the judgment and award dated 29.11.2024 is required to be stayed subject to the deposit of the admitted amount. 4. This Court during the course of the hearing enquired with the learned counsel for the applicant as to how much the appellant Insurance Page No.# 3/3 Company admits. The learned counsel submitted that the appellant Insurance Company admits to an amount of Rs.24,93,211/-. 5. Taking into account the above, this Court stays the impugned judgment and award dated 29.11.2024 passed in MAC Case No.229/2020 till the disposal of the accompanying appeal subject to depositing the amount of Rs.24,93,211/- along with interest @9% w.e.f. 05.02.2020 till the date of actual deposit before the Registry of this Court which is required to be done within 6 (six) weeks from the date of the instant order. 6. On such deposit being made, the claimants 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 claimants. 7. I.A. stands disposed of. JUDGE Comparing Assistant