Page No.# 1/3 GAHC010273562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/495/2026 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY ANDHERI KURLA ROAD ANDHERI EAST MUMBAI400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING OPPOSITE BORA SERVIC VERSUS SRI MONTU SARMAH S/O LATE NOGENDRA NATH SARMAH JAGRIT NAGAR SARBAIBANDHA GAONNORTH P.O P.S -JORHAT DISTJORHAT ASSAM PIN785001. CLAIMANT 2:MD NASIR AHMED S/O KUTUBUDDIN AHMED R/O-NO.1 NAHARANI GAON P.O P.S.-DERGAON DIST GOLAGHAT ASSAM PIN 785614. 3:SRI RAJESH KUMAR DAS S/O SRI MUKUL DAS R/O DERGAON WARD NO.1 P.O P.S- DERGAON DIST- GOLAGHAT ASSAM PIN-785614 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SRI MONTU SARMAH Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.02.2026 1. Heard Mr. R. Goswami, learned counsel for the applicant. 2. This interlocutory application has been filed under Order 41 Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the execution of the impugned judgment and award dated 23.07.2025 passed by the learned Member, Motor Accident Claims Tribunal, Jorhat, in MAC Case No. 3/2022. 3. The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgment and award in the connected MAC Appeal No. 66/2026 which has been already been admitted for hearing and notice to respondents have been issued. 4. The learned counsel for the applicant further submits that the Insurance Company is ready to deposit 50% of the awarded amount as a condition for stay of the execution of the impugned judgment and award. 5. In view of the aforesaid submissions, notice to the respondent is waived in this interlocutory application and the prayer made by the applicant is allowed. 6. The execution of the impugned judgment and award passed in MAC Case No. 3/2022 by the learned Member, Motor Accident Claims Tribunal, Jorhat is hereby stayed subject to deposit of 50% of the awarded amount (awarded amount of Rs.30,08,800/-) to the Registry of this Court within a period of six Page No.# 3/3 weeks from the date of this order. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant