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2026 DAILYLAW 1358 (GAU)

NATIONAL INSURANCE COMPANY LTD v. KAHINUR BEGUM AND ORS

I.A.(Civil)/287/2026 · 2026-02-08

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/4 GAHC010169752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/287/2026 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE VERSUS KAHINUR BEGUM AND ORS W/O. LT. SAHAB UDDIN 2:MAFIJUL HOQUE S/O. LT. SAHAB UDDIN 3:SAFIK ALOM S/O. LT. SAHAB UDDIN 4:SHAHANAS BEGUM D/O. LT. SAHAB UDDIN 5:GUNJAR ALI ALL ARE R/O. VILL.- TENTONPUR P/O. KIRTONPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 (RESPONDENT NO. 2 3 AND 4 BEING MINOR ARE REP. BY THE RESPONDENT NO. 1) 6:ALI HUSSAIN Page No.# 2/4 S/O. GULJAR HUSSAIN R/O. VILL.- TENTONPUR P/O. TILPUKHURI P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 7:AWAL HOQUE ZODDAR S/O. AKKASH ALI R/O. VILL.- TILPUKHURI P/O. TILPUKHURI P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 ------------ Advocate for : Tridib Kalita Advocate for : appearing for KAHINUR BEGUM AND ORS Linked Case : MACApp./38/2026 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE VERSUS KAHINUR BEGUM AND ORS W/O. LT. SAHAB UDDIN 2:MAFIJUL HOQUE S/O. LT. SAHAB UDDIN 3:SAFIK ALOM S/O. LT. SAHAB UDDIN 4:SHAHANAS BEGUM D/O. LT. SAHAB UDDIN 5:GUNJAR ALI ALL ARE R/O. VILL.- TENTONPUR Page No.# 3/4 P/O. KIRTONPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 (RESPONDENT NO. 2 3 AND 4 BEING MINOR ARE REP. BY THE RESPONDENT NO. 1) 6:ALI HUSSAIN S/O. GULJAR HUSSAIN R/O. VILL.- TENTONPUR P/O. TILPUKHURI P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 7:AWAL HOQUE ZODDAR S/O. AKKASH ALI R/O. VILL.- TILPUKHURI P/O. TILPUKHURI P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI Advocate for the Respondent : , MR A K DAS(R-1 TO 4),MS J AKTAR(R-1 TO 4),MR. K R PATGIRI (R-6,7) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 09.02.2026 Heard Mr. T. Kalita, learned counsel appearing for the applicant. Also heard Mr. A. Ganguly, learned counsel appearing for the respondent Nos.1-4 and Mr. K.R. Patgiri, learned counsel for the respondent Nos.6 & 7. Page No.# 4/4 2. By way of this application under Order XLI, Rule 5 of the Code of Civil Procedure, 1908, the applicant is seeking stay of the operation of the impugned Judgment and Award dated 30.11.2024, passed by the learned Member, MACT, Bongaigaon in MAC Case No.144 of 2021. 3. Having heard the learned counsel for the applicant and having found prima facie case, the accompanying appeal being already admitted for hearing, pending adjudication thereof, there shall be stay of execution of the impugned award, subject to the condition that the appellant deposits 50% of the awarded amount before the Registry of this Court within a period of 6(six) weeks from today. 4. Upon such deposit being made, the claimant shall be at liberty to approach the Registry of this Court by filing an appropriate application for release of the deposited amount. Upon such application being made, and after due verification of the identity and entitlement of the applicant, the Registry shall in accordance with law, release the deposited amount to the claimant after obtaining proper acknowledgement. 5. The Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant