Page No.# 1/3 GAHC010041772026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3126/2026 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR .LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007. VERSUS SMTI POPY BARUAH W/O SRI TARUN BARUAH 2:SRI TARUN BARUAH S/O SRI NUMAL CHANDRA BARUAH 3:SRI ANKIT BARUAH S/O SRI TARUN BARUAH ALL ARE RESIDENTS OF VILL-CHANGMAI GAON THERMAL P.O. AND P.S. TINSUKIA DIST.-TINSUKIA ASSAM. PIN-786125. CLAIMANTS RESPONDENT NO.3 BEING MINOR IS REPRESENTED BY HIS LEGAL GUARDIAN MOTHER I.E.RESPONDENT NO.1. 4:SRI PULIN DEY S/O LATE SURANJAN DEY R/O-VILLAGE-JYOTI NAGAR NAU-PUKHURI P.O. AND P.S. TINSUKIA DIST. TINSUKIA Page No.# 2/3 ASSAM. PIN-786125. DRIVER OF THE VEHICLE NO. AS-23-W-5499 ROYAL ENFIELD BUILET 5:SRI RAJU KUMAR SINGH S/O LATE ROMESH SINGH R/O-MAKUM ROAD NEAR KAMAKHYA NAGAR P.O. AND P.S.TINSUKIA DIST.-TINSUKIA ASSAM. PIN-786125. OWNER OF THE VEHICLE NO. AS-23-W-5499ROYAL ENFIELD BULLET ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SMTI POPY BARUAH BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.09.2026 1. Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Mr. A. Rahman, learned counsel for the opposite party Nos. 1, 2 and 3. 2. This interlocutory application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 480/2026 praying for stay of execution of the judgment and award dated 11.09.2025, passed by the Motor Accident Claims Tribunal, Tinsukia, in MAC Case No. 12/2021. 3. The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned by the Insurance Company in the connected appeal and the said appeal has already been admitted by this Court. He further submits that the Insurance Company is agreeable to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned award during the pendency of the connected appeal. Page No.# 3/3 4. The learned counsel for the claimant/opposite parties has not opposed the prayer. Hence, notice to other opposite parties in this interlocutory application is waived and this interlocutory application is allowed. 5. The execution of impugned judgment and award dated 11.09.2025, passed in MAC Case No. 12/2021 by the Motor Accident Claims Tribunal, Tinsukia shall remain stayed during the pendency of the connected MAC Appeal No. 480/2026, subject to deposit of 50% of the awarded amount by the Insurance Company before the Registry of this Court within a period of 6 weeks from the date of this order. 6. In the event of such deposit being made, same shall be disbursed to the claimants/opposite parties by the Registry after proper verification. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant