Page No.# 1/3 GAHC010173312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2877/2026 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 87 M. G. ROAD FORT MUMBAI-400001 AND NORTH EASTERN REGIONAL OFFICE AT LACHIT NAGAR NEAR HANUMAN MANDIR G. S. ROAD GUWAHATI ASSAM-781007. VERSUS REKHA SWARGIARY AND 4 ORS. W/O. LATE BIPUL SWARGIAR 2:SMTI HIMASHREE SWARGIARY D/O LATE BIPUL SWARGIARY 3:SMTI GOPINI SWARGIARY W/O LATE KAMALESHWAR SWARGIARY CLAIMANT NO. IS MINOR HENCE REP. BY CLAIMANT NO. 1 ALL ARE R/O. VILLAGE BARPETA P.O. MAINAMATA P.S. GOBARDHANA DISTRICT BAKSA BTR ASSAM PIN-781315. Page No.# 2/3 4:PINTU SHAW S/O LATE PARAMESWAR SHAW VILLAGE DURGAPUR P.S. DURGAPUR DISTRICT BURDWAN WEST BENGAL PIN-713201 RESPONDENT/DRIVER OF VEHICLE NO. PB-29-X-3150 5:JAGJIT SINGH GILL S/O SURJAN SINGH VILLAGE 1112 ST NO.01 W/NO.05 JUJHAR NAGAR MOGA PUNJAB PIN-142001 RESPONDENT/OWNER OF VEHICLE NO. PB-29-X-3150. ------------ Advocate for : A BIYANI Advocate for : appearing for REKHA SWARGIARY AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.08.2026 1. Heard Mr. RK Bhatra, the learned counsel for the applicant. 2. This Interlocutory Application has been filed by the applicant/ Insurance Company in connection with MAC App 458/2026 praying for stay of execution of the impugned judgment and award dated 30.05.2026 passed in MAC case No. 480/2022 by the Motor Accident Claims Tribunal, Barpeta. 3. The learned counsel for the applicant has submitted that the aforesaid Page No.# 3/3 judgment has been impugned by the applicant / insurance company in the connected MAC App 458/2026 and same has already been admitted by this court. He submits that in the connected appeal, one of the main grievance of the applicant/ Insurance Company is that since the deceased was working as Border Security Force and therefore, his dependents, namely, the present respondents/ claimants are likely to get ex-gratia amount on his death, however, no affidavit to that effect has been filed by the claimant in the MAC Case No. 480/2022. He submits that in view of the judgment of the Apex Court in the case of National Insurance Company Limited vs. Birendra and Ors reported in (2020) 11 SCC 356, a claimant is expected to submit an affidavit with effect as to whether any ex- gratia amount has been received by the claimant on the death of the deceased. However, nothing out that sort has been done in this case. However, he submits that the Insurance Company is agreeable to deposit the entire amount before the Registry of this court during the pendency of this court. 4. In view of the submission of the learned counsel for the applicant, this IA is allowed and the execution of the judgment and award dated 30.05.2026 passed in MAC Case No. 480/2022 by the Motor Accident Claims Tribunal, Barpeta is hereby stayed during the pendency of the connected MAC App No. 458/2026 due to deposit of the entire compensation amount before the Registry of this court within a period of 6 weeks from the date of this order. 5. In view of the above order, the notice to Opposite Party is hereby waited and this IA is, accordingly, disposed of. JUDGE Comparing Assistant