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2026 DAILYLAW 11130 (GAU)

NATIONAL INSURANCE CO LTD v. THOTMAHO HUNGSHI AND 4 ORS

I.A.(Civil)/1368/2026 · 2026-07-26

Mridul Kumar Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010279272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1368/2026 NATIONAL INSURANCE CO LTD REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA - 700071 REPRESENTED BY THE ASST MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI - 781005. VERSUS THOTMAHO HUNGSHI AND 4 ORS S/O NEWMAN HUNGSHI 2:RIMILAN HUNGSHI D/O THOTMAHO HUNGSHI 3:OWEN HUNGSHI THANSHOKNGAM S/O THOTMAHO HUNGSHI ALL ARE RESIDENT OFDUNGREI HUNGPUNG UKHRUL P. O. P.S. - UKHRUL DISTRICT - UKHRUL MANIPUR. PIN - 795142 RESPONDENTS NO. 2 AND 3 ARE REPRESENTED BY RESPONDENT NO. 1. 4:MD SIRAJUL HAQUE (DRIVER) S/O LATE KUMAR ALI R/O. - VILLAGE - NO. 3 BOURAHJAHAR P.O. - BECHIMARI Page No.# 2/3 P.S. - DOLGAON DISTRICT - DARRANG ASSAM. PIN -784514 5:MD AMIRUL HAQUE (OWNER) S/O LATE MAZIBUR RAHMAN R/O - VILLAGE - NAMATI NEAR L. P. SCHOOL P.O. - DOIPAM P.S. - DOLGAON DISTRICT - DARRANG ASSAM. PIN -784514 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for THOTMAHO HUNGSHI AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.07.2026 1. Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. P. Bora, learned counsel for the opposite parties Nos. 1, 2 and 3 as well as Mr. N. Sarma, learned counsel for the opposite parties Nos. 4 and 5. 2. This interlocutory application has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 211/2026 praying for stay of the execution of the impugned judgment and award dated 23.05.2025, passed by the Motor Accident Claims Tribunal, Sonitpur, Tezpur, in MAC Case No. 41/2024(D) during the pendency of the connected MAC Appeal No. 211/2026. 3. It appears that while condoning the delay in filing the connected appeal, this Court, by order dated 13.03.2026, had allowed the applicant/Insurance Company to deposit 100% of the awarded amount before the Registry. 4. Since, the connected MAC appeal has already been admitted, the execution of impugned judgment and award dated 23.05.2025 is stayed during the pendency of Page No.# 3/3 the connected MAC Appeal No. 211/2026 with the condition that the 50% of the awarded compensation which has already been deposited by the Insurance Company may be disbursed to the claimants/respondent after proper verification on furnishing bond equivalent to the sum disburse to the claimants/respondents. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant