Page No.# 1/3 GAHC010023202026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/769/2026 NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT PLOT NO CBD 81 NEW TOWN KOLKATA 700156 AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 5 VERSUS SMTI MAMONI RABI DAS W/O LATE PABITRA RABI DAS R/O BAKUL TEA ESTATE PIN 785640 DIST. SIBSAGAR (ASSAM) 2:SMTI SHANTI RABI DAS DO LT PABITRA RABI DAS R/O BAKUL TEA ESTATE DIST SIVSAGAR ASSAM 3:MRS NILAMONI RABI DAS M/O LT PABITRA RABI DAS R/O BAKUL TEA ESTATE DIST SIVSAGAR ASSAM 4:SRI BIPIN BORAH S/O. LT NILESWAR BORAH VILL KURULAKATIA PO METEKA PS SIVSAGAR 5:SRI BHASKAR BORAH S/O SRI MADAN BORAH VILL KURULAKATIA PO METEKA ------------ Advocate for : POOJA GOSWAMI Advocate for : MS D D ROY appearing for SMTI MAMONI RABI DAS Page No.# 2/3 in MACApp. Case No. 106/2026 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.03.2026 [1] Heard Mr. K.K. Bhatta, the learned counsel for the applicant. Also heard Ms. D.D. Roy, the learned counsel for the respondent Nos. 1, 2 and 3. [2] This interlocutory application has been preferred by the applicant/Insurance Company in connection with the connected MACAppeal No. 106/2026 praying for stay of execution of the judgment and award dated 09.05.2024, passed in MAC Case No. 2013/2018, passed by the Motor Accident Claims Tribunal No. 3, Kamrup(M), whereby a compensation amount of Rs. 14,17,000/- along with an interest @ 9% per annum was directed to be paid to the claimant/respondent. [3] The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgment and award in the connected MACAppeal and which has already been admitted. [4] He further submits that the insurance company is ready to deposit 50 % of the awarded amount before the Registry of this court as a condition for grant of stay of execution of the impugned judgment and award. Though the learned counsel for the Page No.# 3/3 claimants/respondent Nos. 1 to 3 have objected to the said prayer, however, considering the fact that the connected appeal has already been admitted as well as considering the grounds stated by the applicant in the connected memo. of appeal, this court is inclined to allow this interlocutory application. [5] Since the applicant is ready to deposit 50% of the awarded amount, notice to other respondents, i.e. respondent Nos. 4 and 5 is waived. [6] The execution of the impugned judgment and award dated 09.05.2024, passed in MAC Case No. 2013/2018, by the Motor Accident Claims Tribunal No. 3, Kamrup(M), shall remain stayed subject to depositing the 50% of the awarded amount before the Motor Accident Claims Tribunal No. 3, Kamrup(M), within 6(six) weeks. If the insurance company deposit the said amount in pursuant to this court’s order, the Motor Accident Claims Tribunal No. 3, Kamrup(M) shall disburse the same to the claimants after proper verification. [7] This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant