Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010033342026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1690/2026 in MACApp./257/2026 UNITED INDIA INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI-600014 AND REGIONAL OFFICE AT GUWAHATI-5 REPRESENTED BY THE REGIONAL MANAGER. VERSUS SMTI RITA BORO W/O- SANJOY RABHA VILL.- KATHALKUCHI P.O.- SINGRA P.S.- BOKO DISTRICT-KAMRUP ASSAM PIN-781135. 2:SMTI MAHIMA BORO W/O SRI LAKHAN BORO VILL.- MIRZAGHAT (BAGHPARA) P.O.-BONDAPARA P.S.-BOKO DISTRICT- KAMRUP ASSAM PIN-781135 3:MUNINDRA BORO S/O LATE SABIN BORO VILL.- BHOGDABARI P.O.- BOKO P.S.- BOKO DISTRICT- KAMRUP ASSAM
Page No.# 2/3 PIN-781123 4:PURNA DAS S/O ATUL DAS VILLAGE- KATAHBARI (BARKHAL) P.O.- SANTIPUR P.S- BOKO DISTRICT - KAMRUP ASSAM PIN-781141 ------------ Advocate for : MAMANI CHOUDHURY Advocate for : appearing for SMTI RITA BORO
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.06.2026 Heard Ms. M. Choudhury, learned counsel for the applicant. Also heard Mr. A.K. Choudhury, learned counsel for the respondent/opposite party Nos.1 and 2 and Mr. R. Chakraborty, learned counsel for the respondent/opposite party No.4. This interlocutory application under Order XLI Rule 5 of the Code of Civil Procedure is preferred by the applicant for staying the operation of the impugned judgment and award dated 06.11.2025, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Amingaon, in MAC Case No.320/2019. Ms. Choudhury submits that the connected appeal has already been admitted for hearing and the record has also been called for and as such, there is a requirement of staying the operation of the impugned judgment and award dated 06.11.2025. Mr. Choudhury learned counsel for the respondent/opposite party Nos.1 and 2 submits that he has no objection in the event of staying the impugned judgment and award dated 06.11.2025. However, he submits that the applicant may be directed to deposit 50% of the awarded amount before the Registry of this Court with a liberty to the
Page No.# 3/3 respondent Nos.1 and 2 to withdraw the same. Taking note of the submission of learned counsel for both the parties, this interlocutory application stands allowed.
The operation of the impugned judgment and award dated 06.11.2025 stands stayed, subject however to depositing of Rs.5,00,000/- before the Registry of this Court within a period of 4(four) weeks from today and on such deposit being made by the applicant, the respondent/opposite party Nos.1 and 2 herein shall be at liberty to withdraw the same on proper identification. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE