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2026 DAILYLAW 13435 (GAU)

UNITED INDIA INSURANCE COMPANY LTD v. ANIMA KHATUN AND ORS

I.A.(Civil)/1426/2026 · 2026-08-27

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/8 GAHC010145482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1426/2026 UNITED INDIA INSURANCE COMPANY LTD HAVING IT REGISTERED AND HEAD OFFICE T 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD NEAR DISPUR P.O. GUWAHATI KAMRUP (M) PIN 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE VERSUS ANIMA KHATUN AND ORS W/O LATE HUNTI AHMED @ KHONTI 2:MD. RAJIB AHMED S/O LATE HUNTI AHMED @ KHONTI BOTH R/O VILL. NO. 3 BILOTIA P.S. DHING DIST. NAGAON ASSAM PIN 782123 PRESENTLY RESIDING AT NELLIE P.S. JAGIROAD DIST. MORIGAON ASSAM PIN 782410 3:RISHAB PHUKAN S/O JITEN PHUKAN Page No.# 2/8 CARE OF RAHUL HOUSE NO. 421 KHEPINDAL BHETKUCHI P.S. SAWKUCHI GARCHUK DIST. KAMRUP (M) ASSAM PIN 781035 4:NEW INDIA ASSURANCE CO LTD. REPRESENTED BY THE REGIONAL MANAGER 5TH FLOOR OF STAR CITY COMPLEX NEAR HANUMAN MANDIR LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM PIN 781007 5:BASANTA KUMAR RAZAK S/O LATE SACHU RAZAK R/O GROUND FLOOR 9TH MILE AMERIGOG HASTINAPUR KAMRUP (M) GUWAHATI PIN 781023 6:RAJEN DUTTA S/O SRI PARAS DUTTA R/O VILL. 2 NO DHAMAN P.S. TINGKHONG DIST. DIBRUGARH ASSAM PIN 786150 7:DIPAK SINGHA S/O SURA CHANDRA SINGHA R/O PACHIM BALUHANDAR P.S. LANKA DIST. HOJAI ASSAM PIN 782446 ------------ Advocate for : Tridib Kalita Advocate for : appearing for ANIMA KHATUN AND ORS Page No.# 3/8 Main Case : MACApp./218/2026 UNITED INDIA INSURANCE COMPANY LTD HAVING IT REGISTERED AND HEAD OFFICE T 24 WHITES ROAD, CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR, P.O. GUWAHATI, KAMRUP (M), PIN 781005 REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE VERSUS ANIMA KHATUN AND ORS W/O LATE HUNTI AHMED @ KHONTI 2:MD. RAJIB AHMED S/O LATE HUNTI AHMED @ KHONTI BOTH R/O VILL. NO. 3 BILOTIA P.S. DHING DIST. NAGAON ASSAM PIN 782123 PRESENTLY RESIDING AT NELLIE P.S. JAGIROAD DIST. MORIGAON ASSAM PIN 782410 3:RISHAB PHUKAN S/O JITEN PHUKAN CARE OF RAHUL HOUSE NO. 421 KHEPINDAL BHETKUCHI P.S. SAWKUCHI GARCHUK DIST. KAMRUP (M) ASSAM PIN 781035 4:NEW INDIA ASSURANCE CO LTD. REPRESENTED BY THE REGIONAL MANAGER Page No.# 4/8 5TH FLOOR OF STAR CITY COMPLEX NEAR HANUMAN MANDIR LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM PIN 781007 5:BASANTA KUMAR RAZAK S/O LATE SACHU RAZAK R/O GROUND FLOOR 9TH MILE AMERIGOG HASTINAPUR KAMRUP (M) GUWAHATI PIN 781023 6:RAJEN DUTTA S/O SRI PARAS DUTTA R/O VILL. 2 NO DHAMAN P.S. TINGKHONG DIST. DIBRUGARH ASSAM PIN 786150 7:DIPAK SINGHA S/O SURA CHANDRA SINGHA R/O PACHIM BALUHANDAR P.S. LANKA DIST. HOJAI ASSAM PIN 78244 Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI Advocate for the Respondent : , MR. M TALUKDAR (R-1,2),R JAMAN (R-5,7),MR. A SAIKIA(R- 4),A BIYANI (R-4) Linked Case : I.A.(Civil)/1426/2026 UNITED INDIA INSURANCE COMPANY LTD HAVING IT REGISTERED AND HEAD OFFICE T 24 WHITES ROAD CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE 1ST FLOOR G.S. ROAD Page No.# 5/8 NEAR DISPUR P.O. GUWAHATI KAMRUP (M) PIN 781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE VERSUS ANIMA KHATUN AND ORS W/O LATE HUNTI AHMED @ KHONTI 2:MD. RAJIB AHMED S/O LATE HUNTI AHMED @ KHONTI BOTH R/O VILL. NO. 3 BILOTIA P.S. DHING DIST. NAGAON ASSAM PIN 782123 PRESENTLY RESIDING AT NELLIE P.S. JAGIROAD DIST. MORIGAON ASSAM PIN 782410 3:RISHAB PHUKAN S/O JITEN PHUKAN CARE OF RAHUL HOUSE NO. 421 KHEPINDAL BHETKUCHI P.S. SAWKUCHI GARCHUK DIST. KAMRUP (M) ASSAM PIN 781035 4:NEW INDIA ASSURANCE CO LTD. REPRESENTED BY THE REGIONAL MANAGER 5TH FLOOR OF STAR CITY COMPLEX NEAR HANUMAN MANDIR LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM PIN 781007 Page No.# 6/8 5:BASANTA KUMAR RAZAK S/O LATE SACHU RAZAK R/O GROUND FLOOR 9TH MILE AMERIGOG HASTINAPUR KAMRUP (M) GUWAHATI PIN 781023 6:RAJEN DUTTA S/O SRI PARAS DUTTA R/O VILL. 2 NO DHAMAN P.S. TINGKHONG DIST. DIBRUGARH ASSAM PIN 786150 7:DIPAK SINGHA S/O SURA CHANDRA SINGHA R/O PACHIM BALUHANDAR P.S. LANKA DIST. HOJAI ASSAM PIN 782446 ------------ Advocate for : Tridib Kalita Advocate for : appearing for ANIMA KHATUN AND ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.08.2026 1. Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for opposite party Nos. 1 and 2. Also heard Mr. R. K. Bhatra, learned counsel for opposite party No. 4. 2. This Interlocutory Application has been filed in connection with MAC Appeal No. 218/2026 praying for stay of execution of the impugned Page No.# 7/8 judgment and award dated 12.11.2024 passed in MAC Death Case No. 74/2019 by the Motor Accidents Claims Tribunal, Morigaon. 3. The learned counsel for the applicant submits that the aforesaid judgment has been impugned in the connected MAC appeal and the said appeal has already been admitted. 4. He further submits that the Insurance Company is agreeable in depositing 50% of the awarded amount before the Registry of this Court as a condition for grant of stay of execution of the impugned judgment. 5. The learned counsel for the claimants as well as the learned counsel for opposite party No. 4 do not have any objection to the said prayer. 6. Hence, notice to opposite party Nos. 3, 5, 6 and 7 in this Interlocutory Application is hereby waived and this Interlocutory Application is allowed. 7. The execution of the judgment and award dated 12.11.2024 passed in MAC Death Case No. 74/2019 by Motor Accidents Claims Tribunal, Morigaon shall remain stayed during the pendency of the connected MAC Appeal No. 218/2026, subject to deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this Court within a period of six weeks from the date of this order. 8. On such deposit being made, the same shall be disbursed by the Registry after proper verification to the claimant No. 1, who is the Page No.# 8/8 wife of the deceased, on furnishing of an indemnity bond equivalent to the amount so disbursed. 9. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant