Page No.# 1/6 GAHC010075982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2417/2026 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BANGAGARH G.S. ROAD GUWAHATI-781005 REP BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GUWAHATI ASSAM VERSUS SMT DR GOLAPI DEVI AND OTHERS W/O. LT. SISHIR CHANDRA CHAKRABORTY 2:SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ D/O. LT. PAPA BHATTACHARJEE 3:SANGINI BHARDWAJ D/O. LT. PAPA BHATTACHARJEE RESPONDENT NO. 3 BEING MINOR WAS REP. BY THE RESPONDENT NO. 1 ALL ARE R/O. KHEKSIALY P/O. DEBOTTAR HASDAHA (VIA-GOLAKGANJ) DIST. DHUBRI ASSAM PIN-783334. 4:PRANJAL OJAH S/O. SRI JATINDRA NATH OJAH R/O. H/NO. 3 LICHUBARI PATH SIX-MILE Page No.# 2/6 KHANAPARA GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781022. 5:AMIT KALITA S/O. SRI BADAN KALITA R/O. VILL.- PATHALIKUCHI P/O. DWARKUCHI P/S. PAMULPUR DIST. BAKSA ASSAM PIN-781367. 6:THE ORIENTAL INSURANCE COMPANY LTD. REP. BY THE DIVISIONAL MANAGER BONGAIGAON DIVISION CHAPAGURI ROAD BONGAIGAON ASSAM PIN-783380. ------------ Advocate for : MR T KALITA Advocate for : appearing for SMT DR GOLAPI DEVI AND OTHERS In MACApp./389/2026 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BANGAGARH, G.S. ROAD, GUWAHATI-781005 REP BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, GUWAHATI, ASSAM VERSUS SMT DR GOLAPI DEVI W/O. LT. SISHIR CHANDRA CHAKRABORTY Page No.# 3/6 2:SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ D/O. LT. PAPA BHATTACHARJEE 3:SANGINI BHARDWAJ D/O. LT. PAPA BHATTACHARJEE RESPONDENT NO. 3 BEING MINOR WAS REP. BY THE RESPONDENT NO. 1 ALL ARE R/O. KHEKSIALY P/O. DEBOTTAR HASDAHA (VIA-GOLAKGANJ) DIST. DHUBRI ASSAM PIN-783334. 4:PRANJAL OJAH S/O. SRI JATINDRA NATH OJAH R/O. H/NO. 3 LICHUBARI PATH SIX-MILE KHANAPARA GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781022. 5:AMIT KALITA S/O. SRI BADAN KALITA R/O. VILL.- PATHALIKUCHI P/O. DWARKUCHI P/S. PAMULPUR DIST. BAKSA ASSAM PIN-781367. 6:THE ORIENTAL INSURANCE COMPANY LTD. REP. BY THE DIVISIONAL MANAGER BONGAIGAON DIVISION CHAPAGURI ROAD BONGAIGAON ASSAM PIN-783380 Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI Advocate for the Respondent : , MS. M CHOUDHURY(R-6),S K BEGUM(R- 6),MR. S CHAUHAN (R-4,5),M. BORUAH(R-4,5),R DEB(R-4,5) Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.08.2026 [1] Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Ms. C. Barman, the learned counsel appearing for the opposite party Nos. 1 to 3/ claimants. Also heard Ms. M. Choudhury, the learned counsel for the opposite party No. 6. [2] This interlocutory application under Order XLI, Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant, in connection with MAC Appeal No. 389/2026, praying for stay of execution of the impugned judgment and order dated 05.07.2024, passed by the learned Member, MACT, Bongaigaon in MAC Case No. 88 of 2016. [3] The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned by the present applicant in the connected MAC Appeal No. 389/2026 and said appeal has already been admitted by this court. He further submits that the applicant/insurance company is also agreeable to pay 50 % of the amount which was directed to be paid by the applicant/insurance company, as a condition for grant of stay of execution of the impugned judgment and order. [4] The learned counsel for the Page No.# 5/6 claimants/respondents does not object the prayer of the applicant, subject to the condition that 50% of the amount to be paid by the applicant may be deposited. [5] Since the claimants/opposite parties have not objected to the prayer of the applicant, notice to opposite party Nos. 4 and 5 is hereby waived in this interlocutory application and this interlocutory application is allowed. [6] The execution of the impugned judgment and award dated 05.07.2024, passed in MAC Case No. 88 of 2016, by the learned Member, MACT, Bongaigaon shall remain stayed during the pendency of the connected MAC Appeal No. 389/2026, subject to deposit of 50% of the amount, which the present applicant was directed to be paid by the impugned judgment and award, before the Registry of this court within 4(four) weeks, from the date of this order. [7] If such deposit is made by the applicant/insurance company, shall amount shall be disbursed to the claimants/opposite party Nos. 1 to 3 by the Registry of this court after proper verification and on submission of bond equivalent to the amount so disbursed. [8] This interlocutory application is, accordingly, disposed of. Page No.# 6/6 JUDGE Comparing Assistant