Page No.# 1/5 GAHC010243962024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1422/2026 SBI GENERAL INSURANCE COMPANY LTD HEAD OFFICE AT JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN BUILDING OPPOSITE BORA SERVICE G.S. ROAD ULUBARI GUWAHATI-781007 ASSAM. VERSUS MUSTT PARBIN BEGUM AND 5 ORS W/O. LATE KHAIRUL ISLAM 2:RAJUFA KHATUN D/O. LATE KHAIRUL ISLAM 3:SAHIL ALOM S/O. LATE KHAIRUL ISLAM 4:SUYAL AHMED W/O. LATE KHAIRUL ISLAM ALL ARE PERMANENT R/O. VILL.- BHAKATGAON (MONIPURTUP) P/O. JAGIBHAKATGAON P/S. RAHA DIST. NAGAON ASSAM Page No.# 2/5 PIN-782411. PRESENTLY RESIDING AT- MILANPUR P/O. AND P/S. MORIGAON DIST. MORIGAON ASSAM PIN-782105. RESPONDENT NO. 2 AND 4 BEING MINOR ARE REPRESENTED BY THEIR MOTHER RESPONDENT NO. 1. 5:VINOD KR. SAIN S/O. SRI. BAJRANGLAL SAIN R/O. WARD NO. 5 SIVASAGAR P/O. AND P/S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-785640 6:BOKUL BORDOLOI S/O. SRI KUNDA BORDOLOI R/O. VILL.- BHERAKUCHI P/O. DHUPGURI P/S. KHETRI DIST. KAMRUP (M) PIN-782403. ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. M TALUKDAR appearing for MUSTT PARBIN BEGUM AND 5 ORS Main Case : MACApp./217/2026 SBI GENERAL INSURANCE COMPANY LTD HEAD OFFICE AT JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI-781007, ASSAM. VERSUS MUSTT PARBIN BEGUM AND 5 ORS W/O. LATE KHAIRUL ISLAM Page No.# 3/5 2:RAJUFA KHATUN D/O. LATE KHAIRUL ISLAM 3:SAHIL ALOM S/O. LATE KHAIRUL ISLAM 4:SUYAL AHMED W/O. LATE KHAIRUL ISLAM ALL ARE PERMANENT R/O. VILL.- BHAKATGAON (MONIPURTUP) P/O. JAGIBHAKATGAON P/S. RAHA DIST. NAGAON ASSAM PIN-782411. PRESENTLY RESIDING AT- MILANPUR P/O. AND P/S. MORIGAON DIST. MORIGAON ASSAM PIN-782105. RESPONDENT NO. 2 AND 4 BEING MINOR ARE REPRESENTED BY THEIR MOTHER RESPONDENT NO. 1. 5:VINOD KR. SAIN S/O. SRI. BAJRANGLAL SAIN R/O. WARD NO. 5 SIVASAGAR P/O. AND P/S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN-785640 6:BOKUL BORDOLOI S/O. SRI KUNDA BORDOLOI R/O. VILL.- BHERAKUCHI P/O. DHUPGURI P/S. KHETRI DIST. KAMRUP (M) PIN-782403 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. M TALUKDAR, B SARMA (R1-R4) Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.08.2026 1. Heard Mr. D. Goswami, the learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for the opposite party Nos. 1 to 4/claimants. 2. This Interlocutory Application has been filed by the applicant Insurance Company in connection with MAC Appeal No. 217/2026 praying for stay of execution of the impugned judgment and award dated 30.07.2024 passed in MAC Death Case No. 50/2018 by the Motor Accidents Claims Tribunal, Morigaon. 3. The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned in the connected appeal and the appeal has already been admitted. 4. The learned counsel for the applicant also submits that the applicant Insurance Company is agreeable in depositing 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award during the pendency of the connected appeal. 5. Mr. M. Talukdar, the learned counsel for the claimants did not raise any objection to the said prayer. 6. Considering the facts and circumstances of this case, the notices to opposite party Nos. 5 and 6 in this Interlocutory Application are waived and this Interlocutory Application is allowed. Page No.# 5/5 7. The execution of the impugned judgment and award dated 30.07.2024 passed in MAC Death Case No. 50/2018 by the Motor Accidents Claims Tribunal, Morigaon shall remain stayed during the pendency of the connected MAC Appeal No. 217/2026, subject to deposit of 50% of the awarded amount by the 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 to the claimant No. 1 after proper verification, subject to furnishing of an indemnity bond equivalent to the amount which is going to be disbursed to her. 9. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant