Page No.# 1/3 GAHC010073002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/2603/2026 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR HDFC HOUSE 165-166 BACKDAY RECLAMATION H.T. PAREKH MARG CHURCHGATE MUMBAI-400020 MAHARASHTRA ITS ZONAL OFFICE AT FOURTH FLOOR BLOCK-C 22 CAMAC STREET KOLKATA 700016 AND THE BRANCH O VERSUS JUNU NENDING WIFE OF NENDING TATUNG RESIDENT OF NAMSAI CIRCLE LOHIT ARUNACHAL PRADESH PIN CODE- 732103 PRESENT RESIDENT OF- WARD NO. 13 BONGAIGAON POST OFFICE- BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN CODE783380 2:NENDING TATUNG SON OF LATE PUGANG NENDING RESIDENT OF HARI POST OFFICE- ZIRO POLICE STATION- ZIRO Page No.# 2/3 DISTRICT- LOWER SUBANSIRI ARUNACHAL PRADESH PIN CODE- 791120 ------------ Advocate for : Tridib Kalita Advocate for : appearing for JUNU NENDING Linked Case :Case No. : MFA/64/2026 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR, HDFC HOUSE, 165-166 BACKDAY RECLAMATION, H.T. PAREKH MARG, CHURCHGATE, MUMBAI-400020, MAHARASHTRA, ITS ZONAL OFFICE AT FOURTH FLOOR, BLOCK-C, 22 CAMAC STREET, KOLKATA, 700016 AND THE BRANCH O VERSUS JUNU NENDING WIFE OF NENDING TATUNG, RESIDENT OF NAMSAI CIRCLE, LOHIT, ARUNACHAL PRADESH, PIN CODE- 732103 PRESENT RESIDENT OF- WARD NO. 13, BONGAIGAON, POST OFFICE- BONGAIGAON, DISTRICT- BONGAIGAON, ASSAM, PIN CODE783380 2:NENDING TATUNG SON OF LATE PUGANG NENDING RESIDENT OF HARI POST OFFICE- ZIRO POLICE STATION- ZIRO DISTRICT- LOWER SUBANSIRI ARUNACHAL PRADESH PIN CODE- 79112 Advocate for the Petitioner : Tridib Kalita, Advocate for the Respondent : MR. M KHAN, MS J AKTAR (R1),MR. R. AHMED (R1) Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.09.2026 Heard Mr. T Kalita, the learned counsel appearing for the applicant. Also heard Mr. M Khan, the learned counsel appearing for the respondent No.1. 2. This application has been filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and order dated 16.12.2025 passed by the learned Commissioner for Employee’s Compensation, Bongaigaon in E.C. Case No.12/2025. 3. Mr. M Khan submits that the respondent No.1 is the mother of the deceased, whereas the respondent No.1 was the father of the deceased and he died some time back. Now, only the mother remains alive. 4. Mr. T Kalita submits that the vehicle was in the name of the deceased-respondent No.2 and the respondent No.1 being his wife may inherit the vehicle. 5. Considering all these facts, this Court is of the opinion that till disposal of the appeal, the operation of the impugned judgment and order dated 16.12.2025 passed by the learned Commissioner for Employee’s Compensation, Bongaigaon in E.C. Case No.12/2025 shall remain stayed subject to deposit of 50% of the awarded amount in the Registry of this Court within next four weeks. 6. Upon deposit of the indemnity bond, the respondent No.1 will be at liberty to withdraw the aforesaid amount. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant