Page No.# 1/6 GAHC010031612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2338/2024 SBI GENERAL INSURANCE COMPANY LIMITED . HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTIMJEE 101 JUNCTION OF MV ROADS AND WESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR B BLOCK APPEJAY HOUSE NO. 15 PARK STREET KOLKATA 700016 WEST BENGAL AND ITS BRANCH OFFIC AT 2ND FLOOR LAKSHMI DARSHAN OPP. BORA SERVICE STATION ULUBARI GS ROAD GUWAHATI 781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION AND TP VERSUS AMIYA KUMAR RABHA AND 5 ORS . A S/O LATE BHABENDRA CH. RABHA RESIDENT OF VILLAGE CHOTO MIA PS DUDHNOI GOALPARA ASSAM 783122 2:THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED BONGAIGAON DIVISION BONGAIGAON ASSAM 3:SRI BABUL CH. DAS Page No.# 2/6 SON OF SRI PRAKASH CH. DAS RESIDENT OF VILLAGE PACHANIA PO PACHANIA DIST BONGAIGAON ASSAM 783382 4:SRI BUDHADEB MANDAL S/O G. MANDAL RESIDENT OF 11 NO. BALUCHAR PO AND DIST DHUBRI ASSAM 783301 5:SRI SWAJAL KARMAKAR S/O PRAN GOPAL KARMAKAR RESIDENT OF LAKHIPUR PO LAKHIPUR DIST GOALPARA ASSAM 788103 6:TAZMAHAL HOQUE S/O SOLEMAN SARKAR RESIDENT OF GOALPARA TOWN PO GOALPARA PS GOALPARA DIST GOALPARA ASSAM 788103 ------------ Advocate for : MR T KALITA Advocate for : appearing for AMIYA KUMAR RABHA AND 5 ORS . A MACApp./385/2024 SBI GENERAL INSURANCE COMPANY LIMITED . HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTIMJEE 101, JUNCTION OF MV ROADS AND WESTERN EXPRESS HIGHWAY, ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR, B BLOCK, APPEJAY HOUSE NO. 15, PARK STREET, KOLKATA, 700016 WEST BENGAL, AND ITS BRANCH OFFIC AT 2ND FLOOR, LAKSHMI DARSHAN, OPP. BORA SERVICE STATION, ULUBARI GS ROAD, GUWAHATI 781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION AND TP VERSUS Page No.# 3/6 AMIYA KUMAR RABHA AND 5 ORS . A S/O LATE BHABENDRA CH. RABHA, RESIDENT OF VILLAGE CHOTO MIA, PS DUDHNOI, GOALPARA, ASSAM 783122 2:THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED BONGAIGAON DIVISION BONGAIGAON ASSAM 3:SRI BABUL CH. DAS SON OF SRI PRAKASH CH. DAS RESIDENT OF VILLAGE PACHANIA PO PACHANIA DIST BONGAIGAON ASSAM 783382 4:SRI BUDHADEB MANDAL S/O G. MANDAL RESIDENT OF 11 NO. BALUCHAR PO AND DIST DHUBRI ASSAM 783301 5:SRI SWAJAL KARMAKAR S/O PRAN GOPAL KARMAKAR RESIDENT OF LAKHIPUR PO LAKHIPUR DIST GOALPARA ASSAM 788103 6:TAZMAHAL HOQUE S/O SOLEMAN SARKAR RESIDENT OF GOALPARA TOWN PO GOALPARA PS GOALPARA DIST GOALPARA ASSAM 78810 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , Page No.# 4/6 Linked Case : I.A.(Civil)/1174/2023 SBI GENERAL INSURANCE COMPANY LIMITED . HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTIMJEE 101 JUNCTION OF MV ROADS AND WESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR B BLOCK APPEJAY HOUSE NO. 15 PARK STREET KOLKATA 700016 WEST BENGAL AND ITS BRANCH OFFIC AT 2ND FLOOR LAKSHMI DARSHAN OPP. BORA SERVICE STATION ULUBARI GS ROAD GUWAHATI 781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION AND TP VERSUS AMIYA KUMAR RABHA AND 5 ORS . S/O LATE BHABENDRA CH. RABHA RESIDENT OF VILLAGE CHOTO MIA PS DUDHNOI GOALPARA ASSAM 783122 2:THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED BONGAIGAON DIVISION BONGAIGAON ASSAM 3:SRI BABUL CH. DAS SON OF SRI PRAKASH CH. DAS RESIDENT OF VILLAGE PACHANIA PO PACHANIA Page No.# 5/6 DIST BONGAIGAON ASSAM 783382 4:SRI BUDHADEB MANDAL S/O G. MANDAL RESIDENT OF 11 NO. BALUCHAR PO AND DIST DHUBRI ASSAM 783301 5:SRI SWAJAL KARMAKAR S/O PRAN GOPAL KARMAKAR RESIDENT OF LAKHIPUR PO LAKHIPUR DIST GOALPARA ASSAM 788103 6:TAZMAHAL HOQUE S/O SOLEMAN SARKAR RESIDENT OF GOALPARA TOWN PO GOALPARA PS GOALPARA DIST GOALPARA ASSAM 788103 ------------ Advocate for : MR T KALITA Advocate for : MR. R GOSWAMI (r-2) appearing for AMIYA KUMAR RABHA AND 5 ORS . BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 07.02.2025 Heard Mr. A. Kakati, learned counsel for the applicant. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, praying for the stay of operation of the impugned Judgment & Order dated 08.03.2022 passed by the learned Member, MACT, Goalpara in MAC Case No. 111/2015. Page No.# 6/6 The learned counsel submits that they are not liable to pay the 30% of the awarded amount since the accident was due to rash and negligent driving of the other vehicle involved in the accident. The operation of the impugned judgment and order is to be stayed on the deposit of 50% of the 30% of the awarded amount which is to be deposited by the applicant within a period of 1 (one) month from the date of receipt of a certified copy of this order. I.A.(Civil) No. 2338/2024 accordingly stands disposed of. JUDGE Comparing Assistant