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2026 DAILYLAW 6721 (GAU)

THE NEW INDIA ASSURANCE CO. LTD. v. DURGA TASHA AND 4 ORS.

I.A.(Civil)/1750/2026 · 2026-05-28

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010103122026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1750/2026 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI- 400001 AND REGIONAL OFFICE AT GUWAHATI-7 VERSUS DURGA TASHA AND 4 ORS. H/O LATE MAYA TASHA R/O 3 NO. CHOTOHAPJAN P.O. AND P.S.- MAKUM DIST- TINSUKIA ASSAM PIN- 786170 2:TUFAN TASHA S/O SRI DURGA TASHA R/O 3 NO. CHOTOHAPJAN P.O. AND P.S.- MAKUM DIST- TINSUKIA ASSAM PIN- 786170 3:RAJU TASHA S/O SRI DURGA TASHA R/O 3 NO. CHOTOHAPJAN P.O. AND P.S.- MAKUM DIST- TINSUKIA Page No.# 2/3 ASSAM PIN- 786170 4:BIDU TASHA S/O SRI DURGA TASHA R/O 3 NO. CHOTOHAPJAN P.O. AND P.S.- MAKUM DIST- TINSUKIA ASSAM PIN- 786170 5:JONUS KARMAKAR S/O LATE BAUNA KARMAKAR RESIDENT OF 3 NO. CHOTOHAPJAN GAON P.O. AND P.S.- MAKUM DISTRICT- TINSUKIA ASSAM PIN- 786170. ------------ Advocate for : MR SISHIR DUTTA Advocate for : appearing for DURGA TASHA AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.05.2026 Heard Ms. M. Choudhury, learned counsel for the applicant. 2. This interlocutory application, under Order XLI Rule 5 of the CPC, is preferred by the applicant for staying the operation of the judgment and award dated 20.02.2026, passed by the learned Member, MACT, Tinsukia (Tribunal hereinafter), in MAC Case No. 21/2022. 3. It is to be noted here that vide impugned judgment and award dated 20.02.2026, the learned Tribunal has awarded a sum of Rs. 9,70,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition, till realization. Page No.# 3/3 4. Ms. Choudhury, learned counsel for the applicant submits that the connected MAC Appeal has already been admitted and the record has also been called for and as such, there is a requirement of staying the operation of the judgment and award dated 20.02.2026, passed by the learned Tribunal, in MAC Case No. 21/2022. 5. Having considered the submissions of learned counsel for the applicant and also considering the facts and circumstances on the record, this court is inclined to stay the operation of the judgment and award dated 20.02.2026, passed by the learned Tribunal, in MAC Case No. 21/2022. 6. Accordingly, it is provided that till disposal of the connected appeal, the judgment and award dated 20.02.2026, passed by the learned Tribunal, in MAC Case No. 21/2022, stands stayed, subject, however, to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this Court, within a period of 4 (four) weeks from today. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant