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2026 DAILYLAW 7541 (GAU)

THE NATIONAL INSURANCE COMPANY LTD v. MRS. SALMI DANG AND 6 ORS.

I.A.(Civil)/1840/2026 · 2026-06-04

Robin Phukan

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Judgment text

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Page No.# 1/5 GAHC010107612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1840/2026 THE NATIONAL INSURANCE COMPANY LTD REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE BHANGAGARH G.S. ROAD GUWAHATI-5. VERSUS MRS. SALMI DANG AND 6 ORS. WIFE OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 2:MISS SONJITA TOPNO DAUGHTER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 3:ALBISH TOPNO SON OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM Page No.# 2/5 4:MISS PHULMONI TOPNO DAUGHTER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 5:JUSEF TOPNO SON OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 6:PREM TOPNO FATHER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 7:JAKRIYA PURTI SON OF ABHIRAM PURTI R/O BOGAPANI TE LINE NO. 11 P.S.- DIGBOI DIST.- TINSUKIA ASSAM. ------------ Advocate for : MR. P J BARMAN Advocate for : appearing for MRS. SALMI DANG AND 6 ORS. Linked Case : MACApp./295/2026 THE NATIONAL INSURANCE COMPANY LTD REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, BHANGAGARH, G.S. ROAD, GUWAHATI-5. VERSUS MRS. SALMI DANG AND 6 ORS. Page No.# 3/5 WIFE OF THE DECEASED, RESIDENT OF VILL.- NO.2 KHAMAN PATHAR, P.S.- MARGHERITA, P.O.- KETETONG, TINSUKIA, ASSAM 2:MISS SONJITA TOPNO DAUGHTER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 3:ALBISH TOPNO SON OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 4:MISS PHULMONI TOPNO DAUGHTER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 5:JUSEF TOPNO SON OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 6:PREM TOPNO FATHER OF THE DECEASED RESIDENT OF VILL.- NO.2 KHAMAN PATHAR P.S.- MARGHERITA P.O.- KETETONG TINSUKIA ASSAM 7:JAKRIYA PURTI SON OF ABHIRAM PURTI R/O BOGAPANI Page No.# 4/5 TE LINE NO. 11 P.S.- DIGBOI DIST.- TINSUKIA ASSAM Advocate for the Petitioner : MR. P J BARMAN, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.06.2026 Heard Mr. P. J. Barman, learned counsel for the applicant. 2. This application is preferred by the applicant/appellant for staying operation of the impugned Judgment and Award, dated 01.04.2026, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M), in MAC Case No. 1487/2023. 3. It is to be noted here that vide impugned Judgment and Award, dated 01.04.2026, the learned Tribunal has directed the appellant herein to pay a sum of Rs. 23,57,300/-, along with interest @ 6% per annum on Rs. 17,63,300/-, excluding future prospect, from the date of filing of the claim petition, till its realisation. 4. Mr. Barman, 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 01.04.2026, till disposal of the connected MAC Appeal. Page No.# 5/5 5. Taking note of the submission of the learned counsel for the applicant and also considering the fact that the connected MAC Appeal has already been admitted for hearing, this Court is inclined to stay the operation of the Judgment and Award, dated 01.04.2026. 6. Accordingly, it is provided that till disposal of the connected appeal, the Judgment and Award, dated 01.04.2026, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M), in MAC Case No. 1487/2023, stands stayed; subject, however, to the condition that the applicant/appellant shall deposit 50% of the awarded amount before the Registry of this Court, within a period of 4 (four) weeks from the today. 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant