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2026 DAILYLAW 2677 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. SABITA PATAR HAZARIKA AND 3 ORS. E

I.A.(Civil)/410/2026 · 2026-02-26

Susmita Phukan Khaund

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010084712023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/410/2026 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S ROAD BHANGAGARH GUWAHATI 5 ASSAM VERSUS SABITA PATAR HAZARIKA AND 3 ORS. E W/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI PS RAHA DIST NAGAON ASSAM 782103 2:NILUTPAL HAZARIKA S/O LATE RATUL HAZARIKA RESIDENT OF VILLAGE KUJABORI PS RAHA DIST NAGAON ASSAM 782103 3:DHRUBAJYOTI BORAH S/O LATE L. BORAH C/O PUTUL NATH RESIDENT OF VILLAGE KAMALABARI HOUSE NO. 9 PS BASISTHA DIST KAMRUP M ASSAM 781029 4:DHRUBAJYOTI BORAH S/O LATE L. BORAH Page No.# 2/3 RESIDENT OF VILLAGE SETALI JAMUGURI PS AND DIST NAGAON ASSAM 782142 ------------ Advocate for : MR. K K BHATTA Advocate for : MR. A R AGARWALA appearing for SABITA PATAR HAZARIKA AND 3 ORS. E BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.02.2026 1. Heard learned Counsel Mr. K.K. Bhatta for the applicant and Mr. A. R. Agarwala, learned counsel representing the claimants. 2. This interlocutory application is filed with prayer to stay the operation of the judgment and award dated 07.12.2022 passed by the learned Member, MACT No.2, Kamrup in MAC case No. 517/2018. 3. The applicant is aggrieved by the aforesaid judgment and award as the driving license of the driver of offending vehicle was not valid at the time of accident. The prayer of the applicant to stay the operation of impugned judgment and award is allowed subject to the condition that the applicant deposits 50% of the compensation awarded to the claimant within 06(six) weeks from today before the Registry of this Court. The claimant No.1 is thereafter allowed to withdraw the deposited amount from the Registry of this Court subject to furnishing of indemnity bond after proper verification. 4. In terms of the above observation, this interlocutory application stands disposed of JUDGE Page No.# 3/3 Comparing Assistant