Page No.# 1/4 GAHC010140682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2800/2026 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPPOSITE TO S.B.DEORAH COILEGE G.S.ROAD GUWAHATI VERSUS MOUSIN ALOM @ MOHSIN ALOM AND 2 ORS. S/O MD ALI HUSSAIN VILLAGE-KAMAR CHUBURI P.O.-TEZPUR P.S.THELMARA DIST. SONITPUR ASSAM PN784001 REPRESENTED BY HIS MOTHER MAFIYA BEGUM CLAIMANT 2:MUKSED @ MUKCHED ALI S/O FAKIR ALI C/O AJGAR ALI VILLAGE-JAMALE NAGARBERA P.O AND P.S. - NAGARBERA DIST- KAMRUP ASSAM. PIN-781127 OWNER OF VEHICLE NO.AS-25/BC-1557 3:NAZARUL HAQUE S/O-HAMID MONDAL VILLAGE-NIZ DALGAON P.O AND P.S.DALGAON Page No.# 2/4 DIST- DARRANG ASSAM. PIN-784116 DRIVEROF THE VEHICLE NO.AS-25/BC-1557 ------------ Advocate for : MS. M SAIKIA Advocate for : appearing for MOUSIN ALOM @ MOHSIN ALOM AND 2 ORS. in MACApp./439/2026 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,2ND FLOOR, NO. 2 N.S.C .BOSE ROAD, CHENNAI-600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B.DEORAH COLLEGE, G.S.ROAD, GUWAHATI VERSUS MOUSIN ALOM @ MOHSIN ALOM AND 2 ORS. S/O MD ALI HUSSAIN, VILLAGE-KAMAR CHUBURI P.O.- TEZPUR, P.S.THELMARA, DIST-SONITPUR, ASSAM, PIN- 784001 REPRESENTED BY HIS MOTHER MAFIYA BEGUM CLAIMANT 2:MUKSED @ MUKCHED ALI S/O FAKIR ALI C/O AJGAR ALI VILLAGE-JAMALE NAGARBERA P.O AND P.S. - NAGARBERA DIST- KAMRUP ASSAM. PIN-781127 OWNER OF VEHICLE NO.AS-25/BC-1557 3:NAZARUL HAQUE S/O-HAMID MONDAL VILLAGE-NIZ DALGAON P.O AND P.S.DALGAON DIST- DARRANG ASSAM. PIN-784116 DRIVEROF THE VEHICLE NO.AS-25/BC- 155 Advocate for the Petitioner : MS. M SAIKIA, MR. R GOSWAMI Page No.# 3/4 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.08.2026 [1] Heard Ms. P. Borthakur, the learned counsel for the applicant. [2] This application under Order XLI Rule V of the Code of Civil Procedure, 1908 has been preferred by the applicant/insurance company, in connection with MAC Appeal No. 439/2026, praying for stay of execution of the impugned judgement and award dated 06.04.2026, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M) in MAC Case No. 50/2020. [3] The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgement and award in the connected MAC Appeal No. 439/2026 and same has already been admitted by this court. [4] She submits that the applicant has alleged commission of fraud in obtaining the award by the claimants. She also submits that the applicant/insurance company is agreeable to deposit 50% of the awarded amount before the Registry of this court as a condition for grant of stay of the impugned judgement and award. [5] Considering the fact that the applicant is Page No.# 4/4 ready to deposit 50 % of the awarded amount before the Registry of this court, notice to the opposite parties in this interlocutory application is hereby waived and this interlocutory application is allowed. [6] The execution of the impugned judgement and award dated 06.04.2026, passed in MAC Case No. 50/2020, by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M) shall remain stayed during the pendency of the connected MAC Appeal No. 439/2026, subject to deposit of the 50% of the awarded amount before the Registry of this court by the applicant/insurance company within a period of 4(four) weeks, from the date of this order. [7] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant