Page No.# 1/4 GAHC010247092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2863/2026 NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR GUWAHATI 781005 NEAR HANUMAN MANDIR. VERSUS NITU DEVI GIRI AND 6 ORS W/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 2:MISS PRIYA KUMARI D/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 3:SRI BIBEK KUMAR GIRI S/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE Page No.# 2/4 PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 4:MISS TANU KUMARI GIRI D/O LATE PRADIP GIRI RESIDENT OF JAGUN KOTHA SEMA VILLAGE PO JAGUN PS LEKHAPANI DIST TINSUKIA ASSAM 786188 5:SRI NABIN CHUTIA S/O SRI MONTU CHUTIA RESIDENT OF 1 NO. DOOMAR DOLLONG PO BAMUNBARI DIBRUGARH PS MORAN DSIT DIBRUARH ASSAM 786613 6:M/S FRIENDS TRANSPORT AND AGENCY REPRESENTED BY ITS PROPRIETOR SRI UMA SHANKAR SINGH RESIDENT OF WARD NO. 29 BEHORBARI BASISTHA PO BASISTHA DIST KAMRUP M ASSAM 781029 7:SRI DEEP DEY S/O ASHUTOSH DEY RESIDENT OF TIPONG TOWNSHIP PO TIPONG PS LEKHAPANI DIST TINSUKIA ASSAM 786179 ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for NITU DEVI GIRI AND 6 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.08.2026 1. Heard Mr. K. K. Bhatta, learned counsel for the applicant. Also heard Mr. S. R. Gogoi, learned counsel for the opposite parties/claimants. 2. This interlocutory application has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 456/2026 praying for stay of the execution of the impugned judgment and award dated 18.07.2024, passed by the Motor Accident Claims Tribunal, Margherita, in MAC Case No. 12/2020, whereby the applicant/Insurance Company was directed to pay a compensation amount of Rs.17,02,000/- along with interest @ 9% per annum. 3. The learned counsel for the applicant has submitted that the aforesaid judgment has been impugned by the Insurance Company in the connected MAC Appeal No. 456/2026. He also submits that the Insurance Company/applicant is agreeable to deposit 50% of the awarded amount before the Registry of this Court as a condition for grant of stay of execution of the impugned judgment and award. 4. Mr. S. R. Gogoi, learned counsel for the opposite parties/claimants submits that the claimants/opposite parties do not have any objection to the grant of stay subject to the condition of payment of 50% of the awarded amount. 5. Since, the claimants have not objected to the grant of stay, notice to other opposite parties in this interlocutory application is hereby waived and this interlocutory application is allowed. Page No.# 4/4 6. The execution of the impugned judgment and award passed in MAC Case No. 12/2020 is hereby stayed during the pendency of the connected MAC Appeal No. 456/2026 subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court within a period of 6(six) weeks from the date of this order. 7. On such deposit being made, the said amount shall be disbursed by the Registry to the opposite parties/claimants, after proper verification, subject to furnishing of a bond equivalent to the amount to be disbursed to them. 8. With the above observation, this interlocutory application is accordingly disposed of. JUDGE Comparing Assistant