Page No.# 1/3 GAHC010186392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3063/2026 NATIONAL INSURANCE COMPANY LIMITED A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. CBD-81 NEW TOWN KOLKATA- 700156 AND ONE OF ITS REGIONAL OFFICE AT G.S ROAD BHANGAGARH GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER. VERSUS BINABATI SWARGIARY @ SWARGIYARI AND 2 ORS. W/O LATE MANGAL SWARGIARY @ SWARGIYARI R/O GARIA PATHAR P.O.- BARSOLA P.S.- DHEKIAJULI DISTRICT- SONITPUR ASSAM PIN- 784117 2:UPEN BORO S/O GENA BORO R/O GARIA PATHAR P.O.- BARSOLA P.S.- DHEKIAJULI DISTRICT- SONITPUR ASSAM PIN- 784117 Page No.# 2/3 3:PADMA KANTA CHAKRABORTY S/O TAPAN KUMAR CHAKRABORTY R/O NIZ BORSOLA P.O.- BORSOLA P.S.- DHEKIAJULI DIST- SONITPUR ASSAM PIN- 784117. ------------ Advocate for : MRS. S ROY Advocate for : appearing for BINABATI SWARGIARY @ SWARGIYARI AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.09.2026 1. Heard Mrs. S Roy, the learned counsel for the applicant. 2. This IA has been filed under Order 41 Rule 5 of the Code of Civil Procedure in connection with MAC App No. 474/2026, praying for stay of execution of the impugned judgment and award dated 10.07.2026 passed by the Motor Accident Claims Tribunal, Sonitpur in MAC (Death) case No. 21/2025. 3. The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgment and award in the connected appeal and the said appeal has already been admitted by this court and notices are issued to the respondents. She further submits that the Page No.# 3/3 applicant/ Insurance Company is agreeable in depositing 50% of the awarded amount as a condition for grant a stay of execution of impugned judgment and award. 4. In view of the submissions made by the learned counsel for the applicant, the notices to the OPs in this IA is hereby waived and the IA is allowed. 5. The execution of judgment and award dated 10.07.2026 passed in MAC Case No. 21/2025 shall remain stayed during the pendency of the connected MAC App No. 474/2026 subject to deposit of 50 % of the awarded amount by the applicant before the Registry of this court within a period of six weeks from the date of this order. 6. In the event of such deposit by the Insurance Company same shall be disbursed to the claimant by the Registry after proper verification. 7. This IA is, accordingly, disposed of. JUDGE Comparing Assistant