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2026 DAILYLAW 12057 (GAU)

SBI GENERAL INSURANCE COMPANY LTD v. SMTI SURJYA DAS AND 2 ORS.

I.A.(Civil)/2840/2026 · 2026-08-20

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010173092026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2840/2026 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY ANDHERI KURLA ROAD ANDHERI EAST MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT GOLDEN HEIGHTS 5TH FLOOR CHRISTIAN BASTI NEAR CENTRAL MALL G.S. ROAD GUWAHATI-781005 ASSAM. VERSUS SMTI SURJYA DAS AND 2 ORS. W/O LT. BHUBANESWAR DAS 2:RAMESWAR DAS S/O LT. BHUBANESWAR DAS BOTH ARE RESIDENTS OF VILLAGE-BADULIPARA P.S. SIMLA DISTRICT- BAKSA ASSAM PIN CODE-781330. CLAIMANTS 3:SRI MILAN DAS S/O KAMINI DAS VILL- DANGRIGAON P.S.SIMLA Page No.# 2/3 DISTRICT- BAKSA ASSAM PINCODE-781330. OWNER OF THE VEHICLE NO.AS-28C-4284 ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for SMTI SURJYA DAS AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.08.2026 1. Heard Mr. R. Goswami, learned counsel for the applicant. 2. This interlocutory application has been filed by the appellant/Insurance Company in connection with MAC Appeal No. 451/2026 praying for stay of the execution of the impugned judgment and award dated 15.05.2026, passed by the Motor Accident Claims Tribunal, Nalbari, in MAC Case No. 178/2023 (Injury). The aforesaid judgment has been impugned in the connected MAC Appeal No. 451/2026 and the said appeal has already been admitted by this Court. 3. The learned counsel for the applicant submits that the applicant is ready to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award during the pendency of the connected MAC Appeal. As such, notice to the opposite parties is hereby waived and this interlocutory application is allowed. 4. The execution of the impugned judgment and award dated 15.05.2026, passed in MAC Case No. 178/2023 (Injury) by the Motor Accident Claims Tribunal, Nalbari shall remain stayed during the pendency of the connected MAC Appeal No. 451/2026 subject to deposit 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court within a period Page No.# 3/3 of six weeks from the date of this order. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant