Page No.# 1/3 GAHC010268442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1321/2026 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE ATAASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DISTRICTKAMRUP M ASSAM REPRESENTED BY ITS DEPUTY MANAGER MR. KAIFI ANAM VERSUS SMTI LUKUMONI BARUAH W/O LATE DWIJENDRA NATH BARUAH R/O MILANPUR WARD NO.-6 P.O. AND P.S.-DERGAON DIST.-GOLAGHAT ASSAM PIN-785614 CLAIMANT 2:SHRI BIKASH BANIA S/O UPENDRA CH. BANIA R/O JAKHALABANDHA IRRIGATION COLONY P.O.- JAKHALABANDHA DIST.-NAGAON ASSAM PIN-782136 CLAIMANT OWNER OF THE VEHICLE NO.-AS01/HC-8887 SUPER BUS 3:SHRI ABHAY RAJBONSHI S/O SHRI TAMBHU RAJBONSHI R/O KASHIMPUR P.O.-BURI NAGAR DIST.-NALBARI ASSAM PIN-781341 DRIVER OF THE VEHICLE NO.-AS01/HC-8887 SUPER BUS ------------ Advocate for : ABHILASH BHATTACHARYYA Advocate for : MR D BARUAH(R-2) appearing for SMTI LUKUMONI BARUAH Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.05.2026 Heard Mr. A. Bhattacharyya, learned counsel for the applicant; Mr. M. Dutta, learned counsel for the opposite party No. 1; Mr. D. Baruah, learned counsel for the opposite party No. 2; and Mr. D.J. Boro, learned counsel for the opposite party No. 3. 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 17.07.2025, passed by the learned Member, MACT, Golaghat (Tribunal hereinafter), in MAC Case No. 39/2018. 3. It is to be noted here that vide impugned judgment and award dated 17.07.2025, the learned Tribunal has directed the appellant to pay a sum of Rs. 22,18,092/- to the claimants as compensation along with interest @ 9% per annum from the date of filing of the claim petition, till realization. 4. Mr. Bhattacharyya, 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 17.07.2025, passed by the learned Tribunal, in MAC Case No. 39/2018, till disposal of the connected MAC Appeal. 5. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court is inclined to stay the operation of the judgment and award dated 17.07.2025, Page No.# 3/3 passed by the learned Tribunal, in MAC Case No. 39/2018. 6. Accordingly, it is provided that till disposal of the connected appeal, the judgment and award dated 17.07.2025, passed by the learned Tribunal, in MAC Case No. 39/2018, 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 and on such deposit being made, the opposite parties are at liberty to withdraw the same on furnishing relevant documents for their identification and verification. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant