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2026 DAILYLAW 2065 (GAU)

SBI GENERAL INSURANCE COMPANY LIMITED v. SAZIA AHMED AND 4 ORS.

I.A.(Civil)/375/2026 · 2026-02-10

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/5 GAHC010282802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/375/2026 SBI GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTOMJEE 101 JUNCTION OF M.V. ROAD AND WESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI-400069 ITS REGIONAL OFFICE 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA- 700 016 WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN OPPOSITE BOR SERVICE STATION ULUBARI G.S. ROAD GUWAHATI-781007 REPRESENTED BY ITS SR. EXECUTIVE LITIGATION AND T.P. VERSUS SAZIA AHMED AND 4 ORS. WIFE OF LATE ASRAF ALI RESIDENT OF VILLAGE-HATIPOTA PART-II POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM Page No.# 2/5 PIN-783382 2:SAHIL MOHAMMAD HABIB SON OF LATE ASRAF ALI RESIDENT OF VILLAGE-HATIPOTA PART-II POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-783382 3:SYEDA JULEKHA KHANAM DAUGHTER OF LATE ASRAF ALI RESIDENT OF VILLAGE-HATIPOTA PART-II POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-783382. (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 4:ABDUL BATEN AHMED SON OF SUKUR ALI AHMED RESIDENT OF VILLAGE- MAYERCHAR PART-II POST OFFICE- NAYERALGA POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM PIN CODE- 783348 5:ISMAIL HUSSAIN SON OF LATE USAF HUSSAIN RESIDENT OF VILLAGE- ANANDANAGAR POLICE STATION- BILASIPARA DISTRICT- DHUBRI PIN CODE- 783348 ASSAM ------------ Advocate for : MR T KALITA Advocate for : appearing for SAZIA AHMED AND 4 ORS. Page No.# 3/5 Linked Case : MACApp./54/2026 SBI GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTOMJEE, 101, JUNCTION OF M.V. ROAD AND WESTERN EXPRESS HIGHWAY, ANDHERI (EAST), MUMBAI- 400069, ITS REGIONAL OFFICE 4TH FLOOR, B BLOCK, APEEJAY HOUSE, 15, PARK STREET, KOLKATA- 700 016, WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN, OPPOSITE BOR SERVICE STATION, ULUBARI, G.S. ROAD, GUWAHATI-781007, REPRESENTED BY ITS SR. EXECUTIVE LITIGATION AND T.P. VERSUS SAZIA AHMED AND 4 ORS. WIFE OF LATE ASRAF ALI, RESIDENT OF VILLAGE- HATIPOTA PART-II, POLICE STATION- BILASHIPARA, DISTRICT - DHUBRI, ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA, P.S.- JOGIGHOPA, DIST- BONGAIGAON, ASSAM, PIN-783382 2:SAHIL MOHAMMAD HABIB SON OF LATE ASRAF ALI RESIDENT OF VILLAGE-HATIPOTA PART-II POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-783382 3:SYEDA JULEKHA KHANAM DAUGHTER OF LATE ASRAF ALI RESIDENT OF VILLAGE-HATIPOTA PART-II POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM. PIN CODE - 783348. PRESENT RESIDENT OF BALAPARA P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-783382. (BEING MINOR REPRESENTED BY Page No.# 4/5 RESPONDENT NO. 1) 4:ABDUL BATEN AHMED SON OF SUKUR ALI AHMED RESIDENT OF VILLAGE- MAYERCHAR PART-II POST OFFICE- NAYERALGA POLICE STATION- BILASHIPARA DISTRICT - DHUBRI ASSAM PIN CODE- 783348 5:ISMAIL HUSSAIN SON OF LATE USAF HUSSAIN RESIDENT OF VILLAGE- ANANDANAGAR POLICE STATION- BILASIPARA DISTRICT- DHUBRI PIN CODE- 783348 ASSA Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 11.02.2026 Heard Mr. T. Kalita, learned counsel appearing for the applicant. By way of this application under Order XLI Rule V of the Code of Civil Procedure, 1908, the applicant is seeking for stay of the operation of the impugned judgment & award dated 18.09.2025 passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 75/2021. Having heard the learned counsel for the applicant and having Page No.# 5/5 found prima facie case, the accompanying appeal being already admitted for hearing, pending adjudication thereof, there shall be stay of execution of the impugned award, subject to the condition that the appellant deposits 50 % of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from today. Upon such deposit being made, the claimant shall be at liberty to approach the Registry of this Court by filing an appropriate application for release of the deposited amount. Upon such application being made, and after due verification of the identity and entitlement of the applicant, the Registry shall in accordance with law, release the deposited amount to the claimant after obtaining proper acknowledgment. The interlocutory application is accordingly disposed of. JUDGE Comparing Assistant