THE NATIONAL INSURANCE COMPANY LIMITED v. HASHINA KHATUN AND 4 ORS
I.A.(Civil)/737/2026 · 2026-03-10
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4249 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4249 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010180532025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/737/2026 THE NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA- 700071 AND REGISTERED OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE GUWAHATI VERSUS HASHINA KHATUN AND 4 ORS W/O LT. HAMIDUR RAHMAN R/O VILL- KHUDIMARI PART-II NOW LALKURA PART-II P.O.- SAHEBGANJ P.S.- GAUIRPUR DIST- DHUBRI ASSAM-783331 2:HASINUR RAHMAN S/O LT. HAMIDUR RAHMAN R/O VILL- KHUDIMARI PART-II NOW LALKURA PART-II P.O.- SAHEBGANJ P.S.- GAUIRPUR DIST- DHUBRI ASSAM-783331 3:UMMA HABIBA D/O LT. HAMIDUR RAHMAN R/O VILL- KHUDIMARI PART-II NOW LALKURA PART-II
Page No.# 2/3 P.O.- SAHEBGANJ P.S.- GAUIRPUR DIST- DHUBRI ASSAM-783331 4:AKRAMUL HAQUE S/O ABDUL MOJID SK.
R/O VILL- JHAGRARPAR PART-IV P.O.- JHAGRARPAR P.S.- DHUBRI DHUBRI ASSAM-783324 5:HAMIDA BIBI W/O MAHIJUR SHEIKH R/O VILL- KHUDIMARI PART II NOW LALKURA PART-II P.O.- SAHEBGANJ P.S.- GAURIPUR DIST- DHUBRI ASSAM-783331 ------------ Advocate for : MR. P J BARMAN Advocate for : MR. A R AGARWALA (FOR CAVEATOR) appearing for HASHINA KHATUN AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 11.03.2026
1. Heard Mr. P. J. Barman, the learned counsel for the applicant. Also heard Mr. A. R. Agarwala, the learned counsel for the respondent/claimant Nos. 1, 2 and 3
2. This Interlocutory Application has been filed by the applicant Insurance Company in connection with MAC Appeal No. 103/2026 praying for stay of execution of the impugned judgment and award dated 09.06.2025 passed by the Motor Accident claims Tribunal, Dhubri in MAC Appeal No. 41/2018 whereby the applicant was directed to pay a compensation of Rs. 26,80,200/- along with
Page No.# 3/3 an interest at the rate of 7% per annum.
3. The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgment and award in the connected MAC Appeal No. 103/2025.
4. He further submits that the said appeal has already been admitted and notices have issued to the respondents.
5. He also submits that the Insurance Company is agreeable to deposit the 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment and award.
6. Since the claimants/respondents are represented by their engaged counsel and since the Insurance Company is ready to deposit 50% of the awarded amount, notice to other respondents is waived.
7. This Interlocutory Application is allowed.
8. The execution of the impugned judgment and order dated 09.06.2025 shall remain stayed during the pendency of the connected MAC Appeal No. 103/2026 subject to the deposit of 50% of the awarded amount by the Insurance company before the Registry of this Court within six weeks from this
order.
9. In the event of such deposit being made by the Insurance Company, the Registry shall disburse the same to the claimants/respondents after proper verification.
10. This Interlocutor Application is disposed of. JUDGE Comparing Assistant