Page No.# 1/3 GAHC010242022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/499/2026 THE NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO.CBD-81 NEW TOWN KOLKATA700156 AND THE REGIONAL OFFICE AT BHANGAGARH GUWAHATI-781005 REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE INSURER OF THE VEHICLE BEARING NO. AS-06/AC-2445 BOLE VERSUS BARASHA PHUKAN RESIDENT OF - VILLAGE KALALUR NAMDUNG BLK P.O. DHEMECHI P.S. MORAN DISTRICT- DIBRUGARH ASSAM PIN-785675. PRESENTLY RESIDING ATC/O. BIRESWAR GOGOI VILL.- THOWRA MAJ GAON P.O. RAJMAI PS -DEMOW DISTRICT- SIVASAGAR ASSAM PIN-785662. 2:SRI. AJOY PHUKAN S/O. LT. HEMANTA PHUKAN 3:SMTI. DEBOBALA PHUKAN W/O. SRI. INDESWAR PHUKAN 4:SRI. INDESWAR PHUKAN S/O. LT. HEMANTA PHUKAN ALL ARE R/O. VILL.- KALALUR NAMDUNG Page No.# 2/3 BLK P/O. DHEMECHI P/S. MORAN DIST. DIBRUGARH ASSAM PIN-785675 PRESENTLY RESIDING AT- C/O. BIRESWAR GOGOI VILL.- THOWRA MAJ GAON P/O. RAJMAI P/S. DEMOW DIST. SIVASAGAR ASSAM PIN-785662 5:SRI. KANDARPA SAGAR DIHINGIA S/O. SAHJAHAN DEHINGIA R/O. TELIYA PATHAR GAON P/O. AND P/S. MORAN DIST. DIBRUGARH ASSAM 6:SRI. ATUL BARUAH S/O. SUKUMAR BARUAH R/O. MOHKHUTI BORBAM GAON P/O. AND P/S. DEMOW DIST. SIVASAGAR ASSAM ------------ Advocate for : MRS DEEPANJALEE DAS BARMAN Advocate for : B R DAS( R1 To R4) appearing for BARASHA PHUKAN BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.02.2026 1. Heard Ms. D. D. Barman, learned counsel for the applicant. Also heard Mr. B. R. Das, learned counsel appearing for the respondent Nos.1 to 4. 2. This Interlocutory Application has been filed by the applicant/Insurance Company in connection with MAC Appeal No.67/2026, praying for stay of execution of the impugned Judgment and Award dated 03.03.2025, passed by the Motor Accident Claims Tribunal, Sivasagar in MAC Case No.39/2021. Page No.# 3/3 3. Learned counsel for the applicant submits that the applicant has impugned the aforesaid Judgment and Award and connected MAC Appeal No.67/2026, which has already been admitted and notices have been issued to the respondent. 4. Learned counsel for the applicant submits that the Insurance Company is also ready to pay 50% of the awarded amount as a condition for grant of stay of the execution of the impugned Judgment. 5. Since, learned counsel for the claimants/respondents does not opposed the submission made by the learned counsel for the applicant, notice to respondent Nos.5 & 6 is waived in this case and the impugned Judgment and Award dated 03.03.2025 passed in MAC Case No.39/2021 passed by the Motor Accident Claims Tribunal, Sivasagar is hereby stayed during the pendency of the connected MAC Appeal No.67/2026, subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court, within a period of 6 (six) weeks from the date of this order. 6. In the event, the applicant deposits the aforesaid amount, the Registry shall disburse the same to the respondent Nos.1 to 4/claimants after proper verification. 7. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant