Page No.# 1/7 GAHC010255372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/411/2026 CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING NEW NO. 319 OLD NO. 154 2ND FLOOR THAMBU CHETTY CHENNAI PIN- 600001 INDIA ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS 2ND FLOOR 16 CAMAC STREET KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR AASTHA PLAZA BORA SERVICE G.S. ROAD GUWAHATI KAMRUP (M) ASSAM- 781007 REPRESENTED BY THE DEPUTY MANAGER LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE VERSUS ANITA DAS ALIAS PRENITA DAS WIFE OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017 2:SWATI DAS DAUGHTER OF LATE DIPAK DAS @ DIPOK DAS Page No.# 2/7 R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 3:BIRAJ DAS SON OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 4:RENU DAS WIFE OF LATE KARUNA DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 5:CHITTURI VENKATARANGA RAO CARE OF MANIKONDA NAGA KISHORE RESIDENT OF DHANA KOTESWARAO ST VANTHINA DWON PENAMALURU KRISHNA ANDHRA PRADESH PIN CODE- 521139. 6:AMANULLU SHAIK SON OF S. SHAIK RESIDENT OF PENAMALURU VIJAYWADA ANDHRA PRADESH PIN CODE-521139 7:HDFC ERGO GENERAL INSURANCE COMPANY LIMITED REPRESENTED BY GENERAL MANAGER ADITYAM BUILDING 6TH FLOOR G.S. ROAD LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM Page No.# 3/7 PIN CODE-781007 8:DHAN SHARMA SON OF LATE KRISHNA SHARMA RESIDENT OF PATGAON POST OFFICE- AZARA POLICE STATION- AZARA KAMRUP ASSAM PIN CODE-781017 ------------ Advocate for : Tridib Kalita Advocate for : MR. A R AGARWALA appearing for ANITA DAS ALIAS PRENITA DAS Main Case : MACApp./60/2026 CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING, NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY, CHENNAI, PIN- 600001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202, L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM- 781007 REPRESENTED BY THE DEPUTY MANAGER, LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE VERSUS ANITA DAS ALIAS PRENITA DAS WIFE OF LATE DIPAK DAS @ DIPOK DAS, R/O KALIKUCHI SULTANPARA, P.O.- AZARA, P.S.- AZARA, DIST- KAMRUP, ASSAM, PIN CODE-781017 2:SWATI DAS DAUGHTER OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 3:BIRAJ DAS SON OF LATE DIPAK DAS @ DIPOK DAS R/O KALIKUCHI SULTANPARA Page No.# 4/7 P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 4:RENU DAS WIFE OF LATE KARUNA DAS R/O KALIKUCHI SULTANPARA P.O.- AZARA P.S.- AZARA DIST- KAMRUP ASSAM PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1 5:CHITTURI VENKATARANGA RAO CARE OF MANIKONDA NAGA KISHORE RESIDENT OF DHANA KOTESWARAO ST VANTHINA DWON PENAMALURU KRISHNA ANDHRA PRADESH PIN CODE- 521139. 6:AMANULLU SHAIK SON OF S. SHAIK RESIDENT OF PENAMALURU VIJAYWADA ANDHRA PRADESH PIN CODE-521139 7:HDFC ERGO GENERAL INSURANCE COMPANY LIMITED REPRESENTED BY GENERAL MANAGER ADITYAM BUILDING 6TH FLOOR G.S. ROAD LACHIT NAGAR GUWAHATI KAMRUP (M) ASSAM PIN CODE-781007 8:DHAN SHARMA SON OF LATE KRISHNA SHARMA RESIDENT OF PATGAON POST OFFICE- AZARA POLICE STATION- AZARA KAMRUP ASSAM PIN CODE-78101 Page No.# 5/7 Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI Advocate for the Respondent : MR. A R AGARWALA, MD. K ALI,MR ADITYA AGARWALA BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.09.2026 1. Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Mr. A. R. Agarwala, the learned counsel for the opposite party Nos. 1, 2, 3, and 4/claimants. 2. This Interlocutory Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant Insurance Company praying for stay of execution of the impugned judgment and award dated 08.05.2025 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 1711/2022 during the pendency of the connected MAC Appeal No. 60/2026. 3. The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned in the connected MAC Appeal No. 60/2026 and the same has already been admitted. 4. Mr. A. R. Agarwala, the learned counsel for the opposite party/claimants, submits that he does not have any objection if the prayer is allowed subject to the deposit of 50% of the awarded amount by the Insurance Company as a condition for grant of stay of the impugned judgment and award. 5. Since the claimants/opposite parties are not opposing the prayer, hence, the notice to other opposite parties in this Interlocutory Application is waived and this Interlocutory Application is allowed. Page No.# 6/7 6. The learned counsel for the applicant, however, submits that since the income of the deceased was assessed by the Tribunal on the basis of a driving license, which was found by the present applicant later on to be a fake document and which they would be praying for production as an additional evidence during the pendency of this appeal, only 40% of the awarded amount may be directed to be deposited. 7. After considering the submissions made by the learned counsel for the both sides, this Court is of consideration that this Interlocutory Application is required to be allowed, subject to deposit of 50% of the awarded amount by the Insurance Company. 8. As such, this Interlocutory Application is allowed and The execution of the impugned judgment and award dated 08.05.2025 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 1711/2022 shall remain stayed during the pendency of the connected MAC Appeal No. 60/2026, subject to the deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this Court within a period of six weeks from the date of this order. 9. In the event of such deposit, the wife of the deceased, i.e., opposite party No. 1/claimant, may be allowed to withdraw the same amount on behalf of other claimants. Page No.# 7/7 10. The Registry shall disburse the same to claimant No. 1/opposite party after proper verification subject to furnishing of a bond of equivalent amount. 11. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant