THE NEW INDIA ASSURANCE CO. LTD AND ANR v. SMTI. NIKUMONI DHEKIAL PHUKAN AND 4 ORS
I.A.(Civil)/61/2025 · 2026-03-29
Yarenjungla Longkumer
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2905 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2905 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC020002122025 2026:GAU-NL:196
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : MACApp./7/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY DIVISIONAL MANAGER DIVISIONAL OFFICE DIMAPUR NAGALAND-797112 2: THE NEW INDIA ASSURANCE COMPANY LTD ANNAMAR COMPLEX 1ST FLOOR OPP. APPUMARRIAMMANKOIL SELAM MAIN ROAD UTHANGARAI DISTRICT- KRISHNAGIRI TAMIL NADU-635207 VERSUS SMTI. NIKUMONI DHEKIAL PHUKAN AND 4 ORS WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND 2:SHR NIBIR BORAH S/O LATE RITUPAL BORAH REPRESENTED BY SMTI. NIKUMONI DHEKIAL PHUKAN WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND 3:SMTI NIKUNJA HAZARIKA BORAH WIFE OF LATE ADITYA BORAH AND MOTHER OF LATE RITUPAL BORAH
REPRESENTED BY SMTI. NIKUMONI DHEKIAL PHUKAN
Page No.# 2/5 WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND 4:SHRI SATHIYASEELAN S S/O SENNAKRISHNAN VILLAGE-DO.NO.80B NEAR RTO OFFICE MOBIRIPATTI HARUR TK DHARMAPURI TN-636902(TAMIL NADU)- OWNER OF THE VEHICLE NO. TN29BS2281 5:SHRI THIRU M KARTIK S/O MURUGAN R/O PADAMPATTI VILLAGE P.O-PADAMPATTI P.S.- PAPPIREDDIPATTI TALUK DISTRICT-DHARMAPURI STATE -TAMIL NADU (OWNER OF THE VEHICLE NO. TN29BS2281) ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : B. N. SARMAH appearing for SMTI. NIKUMONI DHEKIAL PHUKAN AND 4 ORS Linked Case : I.A.(Civil)/61/2025 THE NEW INDIA ASSURANCE CO. LTD AND ANR REPRESENTED BY DIVISIONAL MANAGER DIVISIONAL OFFICE DIMAPUR NAGALAND-797112 2: THE NEW INDIA ASSURANCE COMPANY LTD ANNAMAR COMPLEX 1ST FLOOR OPP. APPUMARRIAMMANKOIL SELAM MAIN ROAD UTHANGARAI DISTRICT- KRISHNAGIRI TAMIL NADU-635207 VERSUS SMTI. NIKUMONI DHEKIAL PHUKAN AND 4 ORS WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND
Page No.# 3/5 2:SHR NIBIR BORAH S/O LATE RITUPAL BORAH REPRESENTED BY SMTI. NIKUMONI DHEKIAL PHUKAN WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND 3:SMTI NIKUNJA HAZARIKA BORAH WIFE OF LATE ADITYA BORAH AND MOTHER OF LATE RITUPAL BORAH
REPRESENTED BY SMTI. NIKUMONI DHEKIAL PHUKAN WIFE OF LATE RITUPAL BORAH PRESENTLY RESIDING AT TUESNSANG TOWN AREA TUENSANG NAGALAND 4:SHRI SATHIYASEELAN S S/O SENNAKRISHNAN VILLAGE-DO.NO.80B NEAR RTO OFFICE MOBIRIPATTI HARUR TK DHARMAPURI TN-636902(TAMIL NADU)- OWNER OF THE VEHICLE NO. TN29BS2281 5:SHRI THIRU M KARTIK S/O MURUGAN R/O PADAMPATTI VILLAGE P.O-PADAMPATTI P.S.- PAPPIREDDIPATTI TALUK DISTRICT-DHARMAPURI STATE -TAMIL NADU (OWNER OF THE VEHICLE NO. TN29BS2281) ------------ Advocate for : PFOSEKHO PFOTTE Advocate for : appearing for SMTI.
NIKUMONI DHEKIAL PHUKAN AND 4 ORS
Page No.# 4/5 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER 30/03/2026 The present application has been filed Praying for Staying of the operation of Impugned Judgment & Order dated 26.09.2024 passed by the Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No.01/2021 during the pendency of MACApp 07/2025.
2. Learned counsel for the applicants, Mr. Chubanungkum is present and submits that the applicant has filed an appeal against the Judgment & Award dated 26.09.2024 passed in MAC Case No.01/2021 passed by the learned Member, MACT, Tuensang, Nagaland, and the said appeal has been duly registered as MACApp No.07/2025.
3. Learned counsel submits that the appellants have taken good grounds for appeal and are hopeful that there is every likelihood to succeed and therefore, it is prayed that the operation of the Impugned Judgment & Award dated 26.09.2024 maybe stayed during the pendency of the appeal in the interest of justice.
4. The Court has considered the submission made by the learned counsel and has perused the records, and is of the view that the Impugned
Judgment & Award dated 26.09.2024 passed in MAC Case No.01/2021 by the learned Member, MACT, Tuensang, Nagaland, maybe suspended/ Stayed during the pendency of the MACApp No.07/2025, subject to the
Page No.# 5/5 condition that the appellant shall deposit 50% of the awarded amount before the Registry of this Court within 60 (Sixty) days from today. It is ordered accordingly. Petition stands disposed.
JUDGE Comparing Assistant