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2026 DAILYLAW 4157 (GAU)

NATIONAL INSURANCE COMPANY LTD v. SMTI ANAMIKA BHOWMIK AND 5 ORS.

I.A.(Civil)/991/2026 · 2026-03-26

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010057692026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/991/2026 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT PLOT NO CBD-81 NEW TOWN KOLKATA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 DIST- KAMRUP ASSAM VERSUS SMTI ANAMIKA BHOWMIK AND 5 ORS. W/O LATE BIPAD BHOWMIK R/O VILL- SIMLITOLA TEA ESTATE P.O- SIMLITOLA P.S- RANGJULI DIST- GOALPARA PIN- 783130 ASSAM 2:BIRAJ BHOWMIK S/O LATE BIPAD BHOWMIK R/O VILL- SIMLITOLA TEA ESTATE P.O- SIMLITOLA P.S- RANGJULI DIST- GOALPARA PIN- 783130 ASSAM 3:BINITA BHOWMIK Page No.# 2/3 D/O LATE BIPAD BHOWMIK R/O VILL- SIMLITOLA TEA ESTATE P.O- SIMLITOLA P.S- RANGJULI DIST- GOALPARA PIN- 783130 ASSAM 4:RASHMI BHOWMIK D/O LATE BIPAD BHOWMIK R/O VILL- SIMLITOLA TEA ESTATE P.O- SIMLITOLA P.S- RANGJULI DIST- GOALPARA PIN- 783130 ASSAM 5:NAZMIN SULTANA W/O DILWAR HUSSAIN VILL- SEWJPUR P.S- DIBRUGARH PIN- 786001 DIST- DIBRUGARH ASSAM 6:MD SAMSUDDIN AHMED S/O MD YASIN ALI AMORAGURI GAON P.O- DIBRUGARH PIN- 786001 DIST- DIBRUGARH ASSAM ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SMTI ANAMIKA BHOWMIK AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.03.2026 1. Heard Mr. K. K. Bhatta, the learned counsel for the applicant. 2. This Interlocutory Application has been filed by the Page No.# 3/3 applicant/Insurance Company in connection with MAC Appeal No. 133/2026, praying for stay of execution of the judgment and award dated 18.02.2025 passed by the Motor Accident Claims Tribunal Goalpara, whereby the applicant was directed to pay a compensation amount of Rs. 11,38,000/- along with interest @ 7.5% per annum to the claimants/respondents. 3. Since, the learned counsel for the applicant has submitted that the Insurance Company is ready to deposit the 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment and award, the notice to the respondents in this Interlocutory Application is waived and the instant Interlocutory Application is allowed. 4. The execution of the judgment and award dated 18.02.2025 passed by the Motor Accident Claims Tribunal Goalpara in MAC Case No. 308/2018 shall remain stayed during the pendency of MAC Appeal No. 133/2026, subject to deposit of 50% of the awarded amount by the Insurance Company/applicant before the Registry of this Court within a period of six weeks from the date of this order. 5. This, Interlocutory Application is disposed of. JUDGE Comparing Assistant