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2026 DAILYLAW 13924 (GAU)

INDUSIND GENERAL INSURANCE CO. LTD. v. SHRI LAKHIRAM BORAH AND 3 ORS.

I.A.(Civil)/3050/2026 · 2026-09-08

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010178062026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3050/2026 INDUSIND GENERAL INSURANCE CO. LTD. FORMERLY KNOWN AS RELIANCE GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE WALCHAND HIRACHAND MARG BALLARD ESTATE MUMBAI AND ONE OF THE REGIONAL OFFICE AT ABC G.S ROAD GHY. DIST. KAMRUP ASSAM 2: SHRI ANUP CHANDRA BARUAH S/O CHANDRA BARUAH R/O VILL NO 1 KHALIHAMARI PO HAWAJAN PS BIHPURIA DIST LAKHIMPUR ASSAM VERSUS SHRI LAKHIRAM BORAH AND 3 ORS. S/O LT THULAI BORAH R/O. VILL. CHRISTAN GAON P/O. SIMOLUGURI P/S. BIHPURIA DIST. LAKHIMPUR ASSAM 2:NIPA BORAH W/O SHRI LAKHIRAM BORAH R/O. VILL. CHRISTAN GAON PO. SIMOLUGURI P/S. BIHPURIA DIST. LAKHIMPUR ASSAM 3:SHRI JADU BORAH S/O. LAKHIRAM BORAH R/O. VILL. CHRISTAN GAON P/O. SIMOLUGURI Page No.# 2/3 P/S. BIHPURIA DIST. LAKHIMPUR ASSAM 4:SHRI ANUP CHANDRA BARUAH S/O. CHANDRA BARUAH R/O. VILL. NO. 1 KHALIHAMARI P/O. HOWAJAN PIN-784165 P/S. BIHPURIA DIST. LAKHIMPUR ASSAM ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SHRI LAKHIRAM BORAH AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 09.09.2026 1. Heard Mr. K. K. Bhatta, learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 469/2026 praying for stay of execution of the impugned judgment and award dated 25.05.2026, passed by the Motor Accident Claims Tribunal, Lakhimpur, in MACT (Death) Case No. 16/2024. 3. The learned counsel for the Insurance Company has submitted that the Insurance Company is agreeable to deposit 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. 4. In view of the said submission, notice to opposite party is waived and this interlocutory application is allowed. Page No.# 3/3 5. The execution of the judgment and award dated 25.05.2026, passed in MACT (Death) Case No. 16/2024 by the Motor Accident Claims Tribunal, Lakhimpur shall remain stayed during the pendency of the connected MAC Appeal No. 469/2026 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. 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