Page No.# 1/3 GAHC010148682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/381/2026 MS LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR TOWER A PENINSUAL BUSINESS PARK GANAPETRAO KADAM PARK LOWER PAREL DELISLE ROAD MUMBAI MAHARASTRA 400013 AND BRANCH OFFICE AT BORA SERVICE GANPATI ENCLAVE 1ST FLOOR GS RD ASSAM 7810 VERSUS SMTI SWEETY BISWAS(DAS) W/O LATE SAHADEB DAS 2:MISS WISHI DAS D/O LATE SAHADEB DAS 3:SRI SUNIL DAS S/O LATE ASWAN DAS 4:SMTI SABITRI DAS W/O SRI SUNIL DAS ALL ARE RESIDENTS OF- R/O VILLAGE AND P.O- UTTOR PAROKATA P.S- SAMUKTOLA DISTRICT-ALIPURDOWAR WEST BENGAL PIN-736202 RESPONDENT NO.2 BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER I.E RESPONDENT NO.1 Page No.# 2/3 5:SRI SANATAN RAY S/O LATE BIMAL RAY R/O VILLAGE AND P.O -PASCHIM NARATHALI P.S AND DISTRICT-ALIPURDUAR WEST BENGAL PIN-736202 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : MR. M KHAN appearing for SMTI SWEETY BISWAS(DAS) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.04.2026 1. Heard Mr. R. Goswami, the learned counsel for the applicant. Also heard Ms. J. Akhtar, the learned counsel for the claimants/respondent Nos. 1 to 4. 2. This Interlocutory Application has been filed by the applicant under Order 41 Rule 5 of the Code of Civil Procedure, 1908, praying for stay of execution of judgment and award dated 06.11.2024 passed by the learned Commissioner for Workmen’s Compensation, Bongaigaon in E.C. Case No. 09/2020, whereby the applicant-M/s Liberty Videocon General Insurance Company Limited was directed to pay compensation amount of Rs. 16,75,275/- to the claimants along with an interest of 6% per annum. 3. The learned counsel for the claimants/respondents submits that the claimant did not have any objection to the prayer, subject to the condition that the applicant may be directed to deposit 50% of the awarded amount and the claimant may be allowed to withdraw the same. 4. The learned counsel for the applicant submits that the said condition is agreeable by the applicant. Page No.# 3/3 5. Considering the above facts, the notice to the opposite party No.5, namely, the offending vehicle is waived and this Interlocutory Application is allowed. 6. The execution of the impugned judgment and award dated 06.11.2024 passed by the learned Commissioner for Workmen’s Compensation, Bongaigaon in E.C. Case No. 09/2020 is stayed during the pendency of the connected MFA No. 03/2026, subject to the condition that the applicant/Insurance Company shall deposit 50% of the awarded amount before the Registry of this Court within six weeks from the date of this order. 7. On such deposit, the same shall be disbursed by the Registry to the claimants/respondent Nos. 1 to 4 after proper verification. 8. This Interlocutory Application is disposed of. JUDGE Comparing Assistant