NEW INDIA ASSURANCE CO LTD v. LILABATI DEVI GIRI AND 6 ORS
I.A.(Civil)/2787/2026 · 2026-08-25
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13136 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13136 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010247212024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2787/2026 NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MG ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR GUWAHATI-781005 NEAR HANUMAN MANDIR. VERSUS LILABATI DEVI GIRI AND 6 ORS W/O. LT. JALESHWAR GIRI R/O. MANDAL BASTI JAGUN FOREST GAON P/O. JAGUN P/S. LEKHAPANI DIST. TINSUKIA ASSAM PIN-786188.
2:BANDHANA GIRI D/O. LT. JALESHWAR GIRI R/O. MANDAL BASTI JAGUN FOREST GAON P/O. JAGUN P/S. LAKHAPANI DIST. TINSUKIA ASSAM PIN-786186.
3:CHABILAL GIRI S/O. LT. JALESHWAR GIRI R/O. MANDAL BASTI JAGUN FOREST GAON
Page No.# 2/4 P/O. JAGUN P/S. LAKHAPANI DIST. TINSUKIA ASSAM PIN-786186.
4:RANI KUMARI GIRI S/O. LT. JALESHWAR GIRI R/O. MANDAL BASTI JAGUN FOREST GAON P/O. JAGUN P/S. LAKHAPANI DIST. TINSUKIA ASSAM PIN-786186.
5:NABIN CHUTIA S/O. SRI MONTU CHUTIA R/O. 1 NO. DOOMAR DOLLONG P/O. BAMUNBARI DIBRUGARH DIST. DIBRUGARH PIN-786613.
6:M/S FRIENDS TRANSPORT AND AGENCY REP. BY ITS PROPRIETOR SRI UMA SHANKAR SINGH R/O. WARD NO. 29 BEHORBARI BASISTHA P/O. BASISTHA P/S. DISPUR DIST. KAMRUP (M) ASSAM PIN-781029.
7:DEEP DEY S/O. ASHUTOSH DEY R/O. TIPONG TOWNSHIP P/O. TIPONG P/S. LAKHAPANI DIST. TINSUKIA PIN- 786179. ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for LILABATI 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. 437/2026 praying for stay of the execution of the impugned judgment and award dated 01.08.2024, passed by the Motor Accident Claims Tribunal, Margherita, in MAC Case No. 13/2020, whereby the applicant/Insurance Company was directed to pay a compensation amount of Rs.16,64,200/- 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. 437/2026. 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. 13/2020 is hereby stayed during the pendency of the connected MAC Appeal No. 437/2026 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