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2026 DAILYLAW 1680 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. SMT RUNUMA BEGUM AND 3 ORS

I.A.(Civil)/571/2026 · 2026-04-07

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010018402026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/571/2026 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI 400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE AT LACHIT NAGAR G.S. ROAD GUWAHATI ASSAM 781007 VERSUS SMT RUNUMA BEGUM AND 3 ORS W/O LATE SAFIQUL ALI 2:MISS SEHNAS YEASMIN D/O LATE SAFIQUL ALI 3:MST. SAFIA KHATUN D/O LATE MANJUR ALI ALL ARE R/O VILL. PATRAPUR P.S. BAIHATA CHARIALI DIST. KAMRUP ASSAM PIN 781381 4:MD SAFIQUL HAQUE R/O VILL PITAMBAR P.O. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN 781354 ------------ Page No.# 2/3 Advocate for : MR. R K BHATRA Advocate for : appearing for SMT RUNUMA BEGUM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.04.2026 1. Heard Mr. R. K. Bhatra, learned counsel for the applicant. 2. None has appeared for the opposite parties though the notice issued to the opposite parties have been duly served as reflected from the report of the process server in the connected MAC Appeal No. 74/2026. 3. The learned counsel for the applicant submits that since in the connected appeal, the Insurance Company has taken the plea that in view of the Government notification, whereby the dependent of the deceased would continue to get complete salary till the remaining period of his service, there is no loss of dependency of claimants and against the said head they may not get any compensation. He submits that the compensation awarded to the claimant under conventional head against the medical expenses and future prospects comes to approximately about Rs.30,00,000/- (Rupees Thirty Lakhs) which the Insurance Company is ready to deposit before the Registry as a condition for grant of stay of the execution of the impugned judgment and award. 4. After considering the submissions made by the learned counsel for the applicant, this Court is of considered opinion that same appears to be fair and hence, this interlocutory applications is disposed of with a direction that during the pendency of the connected MAC Appeal No. 74/2026, the execution of impugned judgment and award dated 04.11.2025 passed in MAC Case No. Page No.# 3/3 1257/2020 by the Motor Accident Claims Tribunal No. 1, Kamrup(M) shall remain stayed subject to deposit of an amount of Rs.30,00,000/- (Rupees Thirty Lakhs) out 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. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant