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2026 DAILYLAW 2579 (GAU)

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. v. AJIFA KHATUN AND 2 ORS

I.A.(Civil)/632/2026 · 2026-02-26

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010026082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/632/2026 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE HEAD OFFICE AT SHAW WALLACE BUILDING NEW NO. 319 OLD NO. 154 2ND FLOOR THAMBU CHETTY CHENNAI ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR AASTHA PLAZA BORA SERVICE G.S. ROAD GUWAHATI KAMRUP (M) ASSAM -781007 REPRESENTED BY THE DEPUTY MANAGER LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE VERSUS AJIFA KHATUN AND 2 ORS WIFE OF JALAL UDDIN RESIDENT OF VILLAGE-SONARIGAON POST OFFICE- DHING POLICE STATION- NAGAON SADAR DISTRICT- NAGAON ASSAM PIN CODE-782123 2:SRI ARUL KUMER DAS (ARUL V) SON OF VENKATSEN RESIDENT OF-1/8 NO. 164 GANDHINAGAR MORASAPALLY Page No.# 2/3 GUDIYATTAM VELLORE DT TAMIL NADU PIN CODE-635810 DRIVER OF THE VEHICLE BEARING NO. TN 39/BR-4579 TATA SUPER ACE 3:SRI PARANI SURESH SON OF GOPAL RESIDENT OF -NO. 12 AMARJYOTI MULLAI NAGAR MUTHANAMPALAYAM ROAD NALLUR TIRUPUR TAMIL NADU PIN CODE- 641666 OWNER OF THE VEHICLE BEARING NO. TN 39/BR-4579 TATA SUPER ACE ------------ Advocate for : MR T KALITA Advocate for : appearing for AJIFA KHATUN AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.02.2026 1. Heard Mr. T. Kalita, learned counsel for the applicant. 2. This Interlocutory Application has been filed by the applicant/Insurance Company in connection with MAC Appeal No.84/2026, praying for stay of execution of the impugned Judgment and Award dated 12.11.2025, passed by the Motor Accident Claims Tribunal No.3, Kamrup (Metro) at Guwahati in MAC Case No.818/2019 during the pendency of the connected of the MAC Appeal. 3. The applicant has been directed to pay the compensation amount of Rs.31,08,000/- to the claimant at an interest @ 9% per annum by the aforesaid Judgment and Award. 4. Learned counsel for the applicant submits that the applicant is ready to deposit 50% of the awarded amount before the Registry of this Court as a condition for grant of stay of the execution of the impugned Judgment and Page No.# 3/3 Award. 5. Considering the submissions made by learned counsel for the applicant, a notice to the respondents/ opposite parties is waived and the prayer is allowed. 6. The execution of impugned Judgment and Award dated 12.11.2025, passed by the Motor Accident Claims Tribunal No.3, Kamrup (Metro) at Guwahati in MAC Case No.818/2019 shall remain stayed subject to deposit of 50% of the awarded amount by the present applicant before the Registry of this Court within a period of 6 (six) weeks from the date of this order. 7. With the aforesaid direction, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant