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2026 DAILYLAW 5434 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. ANJALI KALITA AND ANR.

I.A.(Civil)/1400/2026 · 2026-05-05

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/2 GAHC010081012026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1400/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT- KAMRUPM ASSAM. VERSUS ANJALI KALITA AND ANR. W/O- BINOD KALITA R/O- VILLAGE-DIGHALI SUTARPARA PART-III P.S.-DHUPDHARA DISTRICT-GOALPARA ASSAM PIN-783123 2:CHANDAN CHAKRABORTY S/O- LATE RAMESH CHAKRABORTY R/O- VILLAGE- HADI P.S.-AGIA DISTRICT-GOALPARA ASSAM PIN-783120 OWNER CUM DRIVER OF VEHICLE NO. AS-18/B-2362 ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for ANJALI KALITA AND ANR. Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.05.2026 1. Heard Mr. R. Sharma, learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant/Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure praying for stay of execution of the judgment and award dated 02.02.2026, passed by the Motor Accident Claims Tribunal, Goalpara in MAC Case No. 304/2022. 3. The learned counsel for the applicant has submitted that the aforesaid judgment has been impugned by the present applicant by filing the connected MAC Appeal No. 210/2026 and the same has been admitted. He further submits that the applicant/Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay of execution of the impugned judgment and award. 4. Considering the submissions made by the learned counsel for the applicant, notice to the respondents is waived and this interlocutory application is allowed. 5. The execution of the judgment and award dated 02.02.2026, passed by the Motor Accident Claims Tribunal, Goalpara in MAC Case No. 304/2022 shall remain stayed during the pendency of the connected MAC Appeal No. 210/2026 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this court within six weeks from the date of this order. 6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant