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2026 DAILYLAW 15754 (GAU)

HDFC ERGO GENERAL INSURANCE COMPANY LIMITED v. MD. GAJIBUR RAHMAN AND ANR

I.A.(Civil)/3518/2026 · 2026-10-04

Susmita Phukan Khaund

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010209452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3518/2026 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 OFFICE IS AT ADITYAM TOWER 6TH FLOOR ULUBARI G.S.ROAD GUWAHATI KAMRUP (M) ASSAM IS REPRESENTED BY ITS MANAGER LITIGATION DEPARTMENT AND T.P. CLAIMS VERSUS MD. GAJIBUR RAHMAN AND ANR SON OF RAHIM UDDIN AKANDA RESIDENT OF VILLAGE- ERASUTI PATHAR POLICE STATION- THELAMARA DISTRICT- SONITPUR ASSAM PIN CODE-784110 2:MD. ISMAIL ALI SON OF LATE LAL MIYA Page No.# 2/3 RESIDENT OF BALIGAON POLICE STATION- DHEKIAJULI POST OFFICE- THELAMARA POLICE STATION-THELAMARA DISTRICT- SONITPUR ASSAM PIN CODE- 784110 (OWNER OF THE VEHICLE BEARING NO. AS 12/C-2972 MAHINDRA JEETO PLUS) ------------ Advocate for : MR T KALITA Advocate for : appearing for MD. GAJIBUR RAHMAN AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.10.2026 Learned counsel Mr. T. Kalita is present for the Insurance Company/applicant and has prayed to stay the operation of the impugned Judgment and Award dated 23.06.2026 passed by the learned Member, MACT, Sonitpur at Tezpur in connection with MAC (Injury) Case No. 71/2024. 2. It is submitted that there is every possibility that the appeal will succeed. 3. The applicant/appellant is aggrieved by the quantum of compensation awarded to the claimants. 4. I have considered the submissions at the bar. It appears that the operation of the impugned Judgment and Award dated 23.06.2026 passed by the learned Member, MACT, Sonitpur at Tezpur in connection with MAC (Injury) Case No. 71/2024, may be stayed, subject to the condition that the applicant deposits 50% of the awarded amount. Page No.# 3/3 5. Thereby, the operation of the impugned Judgment and Award dated 23.06.2026 passed by the learned Member, MACT, Sonitpur at Tezpur in connection with MAC (Injury) Case No. 71/2024, is stayed, subject to the condition that the applicant deposits 50% of the awarded amount before the Registry of this Court within six weeks. 6. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant