UNITED INDIA INSURANCE CO. LTD v. MUSSTT. BASIRON KHATUN AND 6 ORS
I.A.(Civil)/3553/2026 · 2026-10-04
Susmita Phukan Khaund
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15743 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15743 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010209602026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3553/2026 UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI-781005 VERSUS MUSSTT. BASIRON KHATUN AND 6 ORS WIFE OF MAGDAB ALI @ SARBUL ALI 2:MAGDAB ALI @ SARBUL ALI SON OF ASHEK ALI BOTH ARE PERMANENT RESIDENT OF VILLAGE - KHODAIDILA PS - SOUTH SALMARA DISTRICT-SOUTH SALMARA MANKACHAR ASSAM PIN-783127 BOTH ARE TEMPORARY RESIDENT VILLAGE - NAIKHOWA CHAR PS - SOUTH SALMARA DISTRICT-SOUTH SALMARA MANKACHAR ASSAM PIN- 783127 3:ASMA BEGUM W/O SAHAB UDDIN AHMED VILLAGE - JAYPUR P.O. TULSIBIL P.S. GOSSAIGAON DISTRICT - KOKRAJHAR BTC ASSAM PIN-783337 OWNER OF VEHICLE NO. AS-16/C-1875 (STAR BUS) 4:THE MANAGER
Page No.# 2/3 CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED AASTHS PLAZA 7TH FLOOR G.S. ROAD OPPOSITE TO S B ROAD DEORAH COLLEGE ULUBARI GUWAHATI DISTRICT - KAMRUP ASSAM ASSAM PIN-781007 (INSURER OF VEHICLE NO. AS-17/C-3073 (TRUCK) 5:MALIKON KHANAM W/O- IMANNUR HUSSAIN RESIDENT OF VILLAGE- GOBARDHANPARA P.S.- BILASIPARA DIISTRICT- KAMRUP (M) ASSAM PIN- 783345 (OWNER OF VEHICLE NO. AS-17/C-3073 (TRUCK) 6:SATTAR ALI S/O- MEHER ALI RESIDENT OF VILLAGE- ASHARAKANDI KARTIMARI P.O. KARTIMARI P.S. GOSAIGAON DISTRICT- KOKRAJHAR ASSAM PIN- 783331 (DRIVER OF VEHICLE NO. AS-16/C-1875 (STAR BUS) 7:RAFIJUL ISLAM S/O- SOLEMAN SHEIKH RESIDENT OF VILLAGE- BANUMITOLA P.O. DHANTALA DISTRICT- BONGAIGAON ASSAM PIN- 783380 (DRIVER OF VEHICLE NO. AS-17/C-3073 (TRUCK) ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for MUSSTT. BASIRON KHATUN AND 6 ORS
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 05.10.2026
Learned counsel Mr. A.J. Saikia is present for the Insurance Company/applicant.
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2. The Insurance Company is aggrieved by the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021 as the entire liability has been imposed on the applicant/Insurance Company, whereas this is a case where the Insurance Company cannot be held solely liable. The applicant has prayed to stay the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021.
3. It appears that the operation of the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021, may be stayed.
4. Considering the submissions at the bar, the operation of the impugned
Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021, is stayed until further orders, subject to the condition that the Insurance Company deposits 50% of the awarded amount within six weeks before the Registry of this Court.
5. In terms of the above observation, this interlocutory application stands
disposed of. JUDGE Comparing Assistant