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2026 DAILYLAW 7105 (GAU)

MS SHRIRAM GENERAL INSURANCE COMPANY LIMITED v. MOZAMMEL HOQUE AND 3 ORS.

I.A.(Civil)/1688/2026 · 2026-05-24

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010085472026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1688/2026 MS SHRIRAM GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED HEAD OFFICE AT E-8 EPIP SITAPURA INDUSTRIES AREA JAIPUR RAJASTHAN-302022 WITH ONE OF ITS BRANCH OFFICE AT B.R. ARCHADE 3RD FLOOR ULUBARI GUWAHATI-781007 REPRESENTED BY ITS LEGAL OFFICER SRI RAJENDRA DUTTA 39 YEARS. VERSUS MOZAMMEL HOQUE AND 3 ORS. SON OF SAMSUL HOQUE 2:HABIJA KHATUN WIFE OF MOZAMMEL HOQUE BOTH ARE RESIDENTS OF VILLAGE KULAMUYA CHOTO NICHINPUR POST OFFICE- MEDORTARI PIN-783330 POLICE STATION- FAKIRGANJ DISTRICT- DHUBRI ASSAM. .RESPONDENTS CLAIMANTS 3:ROFIKUL ISLAM SON OF JONAB ALI RESIDENT OF MORIOM NAGAR POST OFFICE- BALADMARI Page No.# 2/3 PIN-783121 POLICE STATION- GOALPARA DISTRICT- GOALPARA ASSAM OWNER OF VEHICLE NO. AS-19-C / 8518-TRACTOR 4:MOSLEM UDDIN MOLLAH SON OF MOHINUDDIN MOLLAH RESIDENT OF VILLAGE- KALNOI POST OFFICE- FAKIRGANJ PIN-783330 POLICE STATION- FAKIRGANJ DISTRICT- DHUBRI ASSAM DRIVER OF VEHICLE NO. AS-19-C / 8518-TRACTOR ------------ Advocate for : MR. H S BORAH Advocate for : appearing for MOZAMMEL HOQUE AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 25.05.2026 Heard Mr. P. Hazarika, learned counsel for the applicant. This interlocutory application is preferred by the applicant for staying operation of the judgment and award dated 06.02.2026, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 93/2017. Mr. Hazarika, learned counsel for the applicant submits that the connected appeal has already been admitted and the records have also been called for and as such, there is a requirement of staying operation of the impugned judgment and award dated 06.02.2026. Perused the application and the documents placed on record, and also perused the judgment and award dated 06.02.2026. Page No.# 3/3 Since the connected appeal has already been admitted and the records have also been called for, this Court is of the view that the impugned judgment and award dated 06.02.2026, can be stayed. Accordingly, the impugned judgment and award dated 06.02.2026, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 93/2017, stands stayed till disposal of the connected appeal subject, however, to depositing of 50% of the awarded amount before the Registry of this Court within four weeks from today. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant