Page No.# 1/5 GAHC010022722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/701/2026 UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI- 781005 VERSUS ALOM SK. AND 8 ORS S/O LATE MOJIBOR RAHMAN R/O VILL- ATGORITARI P.O.- DIGOLTARI P.S.- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 2:ABBAS ALI S/O LATE MOJIBOR RAHMAN R/O VILL- ATGORITARI P.O.- DIGOLTARI P.S.- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 3:RAJJAK ALI S/O LATE MOJIBOR RAHMAN R/O VILL- ATGORITARI P.O.- DIGOLTARI P.S.- GOLAKGANJ Page No.# 2/5 DIST- DHUBRI ASSAM PIN-783335 4:ROFIKUL ISLAM S/O LATE MOJIBOR RAHMAN R/O VILL- ATGORITARI P.O.- DIGOLTARI P.S.- GOLAKGANJ DIST- DHUBRI ASSAM PIN-783335 5:SWAPAN KUMAR BARMAN S/O SUSHIL BARMAN C/O SANJIT DEB HOUSE NO. 181 FATASHIL AMBARI NEAR SABON FACTORY P.O.- FATASHIL AMBARI DIST- KAMRUP (M) ASSAM PIN-781025 6:RATUL RAY S/O NALIN RAY R/O VILL- BALAJAN PART-I P.S.- GAURIPUR DIST- DHUBRI ASSAM PIN-783331 7:MOMINA BIBI W/O BELLAL ALI R/O VILL- BIDYARDABRI PART-IV P.O.- BIDYARDABRI DIST- DHUBRI ASSAM PIN-783335 8:MAMTAZ KHATUN W/O JOHIRUL ISLAM R/O VILL- UTTAR MARAGADHADHAR P.O.- UTTAR MARAGADHADHAR DIST- DHUBRI ASSAM PIN-783335 Page No.# 3/5 9:MANOWARA KHATUN W/O JOHIRUL ISLAM R/O VILL- UTTAR MARAGADHADHAR P.O.- UTTAR MARAGADHADHAR DIST- DHUBRI ASSAM PIN-783335 ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for ALOM SK. AND 8 ORS with IA(C) Case No. 2566/2026 in MACApp. Case No. 98/2026 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.08.2026 [1] Heard Mr. A.J. Saikia, the learned counsel for the insurance company. Also heard Mr. I.A. Talukdar, the learned counsel for the claimants/opposite party Nos. 1 to 4 as well as 7 to 9. [2] The interlocutory application No. I.A.(Civil) 701/2026 has been filed by the insurance company in connection with MAC Appeal No. 98/2026 praying for stay of execution of the impugned judgment and award dated 12.11.2025, passed by the MACT, Dhubri in MAC Case No. 102/2022(D), during the pendency of the connected MAC Appeal No. 98/2026. [3] The learned counsel for the applicant has submitted that since in the connected appeal, the Page No.# 4/5 present applicant have questioned the finding of the Tribunal, wherein it was held that the present opposite party Nos. 1 to 4/claimants were the dependent of the deceased, however, as he submits that since claimant Nos. 1 to 4 are married sons as well as claimant Nos. 7 to 9 are married daughter of the deceased, having their own source of livelihood, they may not be regarded as dependent on the deceased. He, however, submits that the insurance company is agreeable to deposit the 50% of the amount awarded to the claimants against conventional heads, whereas, the learned counsel for the claimants/opposite parties submits that since the issue of dependency raised by the present applicant is to be adjudicated in the connected appeal, the insurance company may be directed to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgement and award. [4] I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. [5] Considering the submissions made by the learned counsel for the parties, the notice to opposite party Nos. 5 and 6 in this interlocutory application is waived. [6] Considering the contention raised by the learned counsel for the applicant in the connected Page No.# 5/5 appeal, this court is of the considered opinion that it would be just if at this stage, this interlocutory application is disposed of by directing the insurance company to deposit the undisputed amount which has been awarded to the claimants/respondents against conventional heads. As such, this interlocutory application is disposed of with a direction that the execution of the impugned judgment and award dated 12.11.2025, passed by the MACT, Dhubri in MAC Case No. 102/2022(D), shall remain stayed during the pendency of the connected MAC Appeal No. 98/2026, subject to deposit of an amount of Rs. 3,20,000/- (Rupees Three Lakhs Twenty Thousand only) by the insurance company before the Registry of this court within a period of 4(four) weeks from the date of this order. [7] If such deposit is made by the insurance company, same shall be disbursed to the claimants/opposite parties by the Registry after proper verification. [8] The interlocutory application No. I.A.(Civil) 701/2026 and I.A.(Civil) 2566/2026 are, accordingly, disposed of. JUDGE Comparing Assistant