Page No.# 1/4 GAHC010285612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/465/2026 ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER. VERSUS SHRI MEGNATH SAUTAL AND 2 ORS S/O- LATE DEBLA SAUTAL RESIDENT OF - KANJIKHOWA CHABUA P.O. P.S.- CHABUA DISTRICT- DIBRUGARH ASSAM PIN-786184. 2:SHRI MUTIL BASUMATARY S/O- BINAY BASUMATARY RESIDENT OF - PASIGHAT EAST SIANG P.O. P.S- PASIGHAT EAST SIANG DISTRICT- EAST SIANG ARUNACHAL PRADESH PIN-791102. DRIVER OF THE VEHICLE NO. AR-01-L-4093 3:MARY MONGKU S/O- ATUM MONGKU RESIDENT OF- UPPER VIVEK VIHAR ITA PAPUM PARE DISTRICT -PAPUM PARE Page No.# 2/4 ARUNACHAL PRADESH PIN-791113. OWNER OF THE VEHICLE NO. AR-01-L-4093 . ------------ Advocate for : MAMANI CHOUDHURY Advocate for : appearing for SHRI MEGNATH SAUTAL AND 2 ORS In MACApp./64/2026 ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A- 25/27, ASAF ALI ROAD, NEW DELHI 110002, AND REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER. VERSUS SHRI MEGNATH SAUTAL AND 2 ORS S/O- LATE DEBLA SAUTAL, RESIDENT OF - KANJIKHOWA CHABUA, P.O. P.S.- CHABUA, DISTRICT- DIBRUGARH, ASSAM, PIN-786184. 2:SHRI MUTIL BASUMATARY S/O- BINAY BASUMATARY RESIDENT OF - PASIGHAT EAST SIANG P.O. P.S- PASIGHAT EAST SIANG DISTRICT- EAST SIANG ARUNACHAL PRADESH PIN-791102. DRIVER OF THE VEHICLE NO. AR-01-L-4093 3:MARY MONGKU S/O- ATUM MONGKU RESIDENT OF- UPPER VIVEK VIHAR ITA PAPUM PARE DISTRICT -PAPUM PARE ARUNACHAL PRADESH PIN-791113. OWNER OF THE VEHICLE NO. AR-01-L-4093 Advocate for the Petitioner : MS. M CHOUDHURY, S K BEGUM Advocate for the Respondent : , Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.02.2026 [1] Heard Ms. M. Choudhury, the learned counsel for the applicant/insurance company. [2] This interlocutory application has been preferred by the applicant/Insurance Co. in connection with the MAC Appeal No. 64/2026 under XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of execution of the impugned judgment and order during the pendency of the connected appeal. [3] The learned counsel for the applicant has submitted that the applicant was directed to pay a compensation amount of Rs. 14,38,072/- along with an interest of 7.5 % per annum, however, she submits that on the basis of grounds taken by the applicant in the memo of appeal, the applicant is hopeful that the quantum of the compensation awarded to the claimant/ opposite party would come down to 25% of what has been awarded by the Claims Tribunals. She therefore, submits that the insurance company is ready to deposit 25 % of the awarded as a condition for stay of the execution of the impugned judgment and award. [4] After considering the materials on record in the connected MAC Appeal, this court is of the considered opinion that it would be appropriate to direct the applicant to deposit 50% of the awarded amount as condition for staying the execution of the impugned Page No.# 4/4 judgment and award. [5] As the applicant is directed to pay 50% of the awarded amount, this court is not inclined to issue any notice to the respondents as their interest is taking care of by the court. [6] Hence, this interlocutory application is disposed of with a direction that the impugned judgment and award dated 23.09.2025, passed in MAC Appeal No. 48/2022 by the Motor Accident Claims Tribunal, Dibrugarh, shall remain stayed during the pendency of the connected MAC Appeal No. 64/2026, subject to deposit of 50% of the awarded amount by the applicant/insurance company before the Registry of this court within a period of 6(six) weeks from the date of this order. [7] This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant