Page No.# 1/3 GAHC010028252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/774/2026 HDFC ERGO GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE H.T. PAREKH MARG 169 BACKBAY RECLAMATION MUMBAI- 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING 6TH FLOOR LACHIT NAGAR G.S. ROAD GUWAHATI ASSAM. PIN- 781007. VERSUS ALIVER BASUMATARY AND ANR S/O SRI BILASH BASUMATARY R/O VILLAGE- BAJUGAON NO.2 P.O AND P.S- GOSSAIGAON DIST-KOKRAJHAR (BTAD) ASSAM PIN-783361 2:ABU BAKKAR SIDDUQUE S/O LATE KUMURUDDIN SHEIKH R/O VILLAGE- GOKULKATA NO. 2 P.O- JARAGURI P.S- GOSSAIGAON DIST- KOKRAJHAR (BTAD) ASSAM. PIN-783361. ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. A LAL (FOR CAVEATOR) appearing for ALIVER BASUMATARY AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.03.2026 1. Heard Mr. R. Goswami, the learned counsel for the applicant. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant Insurance Company praying of execution of the impugned judgment and award dated 13.11.2025 passed by the Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Appeal No. 242/2019. 3. Since the counsel for the respondent have already appeared, no formal notice need to be issued in this case. 4. The learned counsel for the applicant has submitted that the applicant Insurance Company is agreeable to deposit 50% of the award amount as a condition for grant of stay execution of the impugned judgment and award. 5. The learned counsel for the claimant does not raise any objection to the prayer made by the applicant, hence, the Interlocutory Application is allowed. 6. The execution of the judgment and award dated 13.11.2025 passed by the Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Appeal No. 242/2019 shall remain stayed during the pendency of the connected MAC Appeal No. 108/2026 subject to deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this Court within a period of six weeks from the date of this order. Page No.# 3/3 7. In the event of such deposit the same shall be disbursed to the claimant/respondent No.1 by the Registry after proper verification. 8. This Interlocutory Application is accordingly, disposed of. JUDGE Comparing Assistant