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2026 DAILYLAW 7313 (GAU)

NEW INDIA INSURANCE CO. LTD. v. ANJANA DAS AND 5 ORS.

I.A.(Civil)/1818/2026 · 2026-06-02

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010108312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1818/2026 NEW INDIA INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS REGIONAL MANAGER, G.S ROAD, GUWAHATI- 781007, DIST KAMRUP (M), ASSAM VERSUS ANJANA DAS AND 5 ORS. W/O LATE BIRAJ DAS, R/O VILL- MALEGARH PART lll, P.O.- MALEGARH, P.S.- JOGIGHOPA, DIST- BONGAIGAON, ASSAM-783382 2:SHUKLESWAR DAS S/O LATE BIRAJ DAS R/O VILL- MALEGARH PART lll P.O.- MALEGARH P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM-783382 3:BOBITA DAS D/O LATE BIRAJ DAS R/O VILL- MALEGARH PART lll P.O.- MALEGARH P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM-783382 4:KANIKA DAS D/O LATE BIRAJ DAS R/O VILL- MALEGARH PART lll P.O.- MALEGARH P.S.- JOGIGHOPA Page No.# 2/3 DIST- BONGAIGAON ASSAM-783382 5:LOCHAN BAGDI S/O BHUSHAN BAGDI R/O VILL AND P.O.- JASHOHARI P.S.- KANDI DIST- MURSHIDABAD WEST BENGAL- 742147 6:BIDHAN DAS S/O RANJIT DAS R/O VILL- GANFOLIA P.O.- HOSTINAPUR P.S.- BURWAN DIST- MURSHIDABAD WEST BENGAL- 74216 Advocate for the Petitioner : MR. A ACHARYA, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 03.06.2026 Heard Mr. A. Acharya, learned counsel for the applicant. 2. This application is preferred by the applicant/appellant for staying operation of the impugned Judgment and Award, dated 04.02.2026, passed by the learned Member, Motor Accidents Claims Tribunal, North Salmara, Abhayapuri, Bongaigaon, in MAC Case No. 164/2019. 3. It is to be noted here that vide impugned Judgment and Award, dated 04.02.2026, the learned Tribunal has directed the applicant to pay a sum of Rs. 10,93,750/- to the opposite parties as compensation along with interest @ 6% per annum, from the date of filing of the claim petition, till realization. Page No.# 3/3 4. Mr. A. Acharya, learned counsel for the applicant submits that the connected MAC appeal has already been admitted by this Court and the record has also been called for from the learned Tribunal and on such ground, there is a requirement for staying operation of the impugned Judgment and Award, dated 04.02.2026, till disposal of the connected MAC Appeal. 5. Taking note of the submission of the learned counsel for the applicant and also considering the facts and circumstances on record, this Court is inclined to stay the operation of the Judgment and Award, dated 04.02.2026. 6. Accordingly, it is provided that till disposal of the connected appeal, the Judgment and Award, dated 04.02.2026, passed by the learned Member, Motor Accidents Claims Tribunal, North Salmara, Abhayapuri, Bongaigaon, in MAC Case No. 164/2019, stands stayed; subject, however, to the condition that the applicant/appellant shall deposit 50% of the awarded amount before the Registry of this Court. 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant