Page No.# 1/4 GAHC010126862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2371/2026 THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO.CBD-81 NEW TOWN KOLKATA700156 AND THE REGIONAL OFFICE AT BHANGAGARH GUWAHATI-781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE INSURER OF THE VEHICLE BEARING NO. AP-39-U/8289 TRUC VERSUS SRI DIPAK KALITA AND 2 ORS. S/O. LATE SANSIRAM KALITA VILL-CHOUDHURY KHAT P.S. CHHAYGAON DISTRICT- KAMRUP ASSAM. .RESPONDENT/CLAIMANT 2:MADASU RAMBABU S/O. PUNNIAH R/O. DOOR NO-3-43-1 VILL-MALLAYAPALEM GUDIWADA MANDAL DISTRICT- KRISHNA ANDHRAPRADESH PIN-521301. OWNER OF THE VEHICLE BEARING NO. AP-39-U/ 8289 TRUCK. 3:ARSHAD MIYAN S/O. AMANAT MIYAN R/O.-AT-NAKAR DAE W.NO.08 P.O.MANSIGHA P.S.SUGAULI EAST CHAMPARAN BIHAR Page No.# 2/4 PIN-845431. DRIVER OF THE VEHICLE BEARING NO. AP-39-U/ 8289 TRUCK. .RESPONDENTS/OPPOSITE PARTY NOS.1 2 ------------ Advocate for : MRS. D DAS BARMAN Advocate for : appearing for SRI DIPAK KALITA AND 2 ORS. Main Case : MACApp./384/2026 THE NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO.CBD-81, NEW TOWN, KOLKATA700156 AND THE REGIONAL OFFICE AT BHANGAGARH, GUWAHATI-781005, REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, INSURER OF THE VEHICLE BEARING NO. AP-39-U/8289 TRUCK VERSUS SRI DIPAK KALITA AND 2 ORS. S/O. LATE SANSIRAM KALITA, VILL-CHOUDHURY KHAT, P.S. CHHAYGAON, DISTRICT- KAMRUP, ASSAM. .RESPONDENT/CLAIMANT 2:MADASU RAMBABU S/O. PUNNIAH R/O. DOOR NO-3-43-1 VILL-MALLAYAPALEM GUDIWADA MANDAL DISTRICT- KRISHNA ANDHRAPRADESH PIN-521301. OWNER OF THE VEHICLE BEARING NO. AP-39-U/ 8289 TRUCK. 3:ARSHAD MIYAN S/O. AMANAT MIYAN R/O.-AT-NAKAR DAE W.NO.08 P.O.MANSIGHA P.S.SUGAULI EAST CHAMPARAN BIHAR PIN-845431. DRIVER OF THE VEHICLE BEARING NO. AP-39-U/ 8289 TRUCK. .RESPONDENTS/OPPOSITE PARTY NOS.1 Advocate for the Petitioner : MRS. D DAS BARMAN, MS. D BARMAN,MS. P CHUTIA Advocate for the Respondent : , Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 22.07.2026 1. Heard Ms. D. Bora, the learned counsel for the applicant. 2. This Interlocutory Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been preferred by the applicant Insurance Company in connection with MAC Appeal No. 384/2026. The applicant has prayed for staying execution of the judgment and award impugned in the connected MAC Appeal during the pendency of the said appeal. 3. She submits that the connected appeal has been admitted and notice has been issued to the respondent. She also submits that the Insurance Company is agreeable to pay 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award. 4. Considering the submissions made by the learned counsel for the application, notice of the respondent is waived in this Interlocutory Application and the Interlocutory Application is allowed. 5. The execution of the impugned judgment and award dated 20.04.2026 passed in MAC Case No. 1449/2023 by the Motor Accident Claims Tribunal, No. 3, Kamrup (M) shall remain stayed during the pendency of the connected MAC Appeal No. 384/2026, subject to deposit of 50% of the awarded amount by the applicant Insurance before the Registry of this Court within a period of four weeks from this order. Page No.# 4/4 6. This Interlocutory Application is, accordingly, disposed of JUDGE Comparing Assistant