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2026 DAILYLAW 8672 (GAU)

MS SHRIRAM GENERAL INSURANCE COMPANY LIMITED v. MISS SALEHA KHATUN AND 5 ORS.

I.A.(Civil)/1612/2026 · 2026-06-21

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010089842026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1612/2026 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 MISS SALEHA KHATUN AND 5 ORS. WIFE OF LT. JINNAT @ JINNAD ALI 2:MD SAIFUL ISLAM SON OF LT. JINNAT @ JINNAD ALI 3:MISS AMELA KHATUN D/O- LT. JINNAT @ JINNAD ALI 4:MD SADDAM ALI SON OF LT. JINNAT @ JINNAD ALI 5:MISS SAMELA KHATUN D/O- LT. JINNAT @ JINNAD ALI ALL ARE R/O VILLAGE- KAJIAMATI POST OFFICE- SORBHOG Page No.# 2/3 PIN-781317 POLICE STATION- GOBARDHANA DISTRICT- BAKSA ASSAM. 6:MD SAHADAT HUSSAIN SON OF SHOKUR ALI R/O- VILL- KAJIAMATI POST OFFICE-SORBHOG PIN-781317 POLICE STATION- BARPETA ROAD DISTRICT- BARPETA ASSAM OWNER OF VEHICLE NO. AS-15-AC / 0138-TRACTOR 7:MD TAHER ALI SON OF MD. NISHAN ALI RESIDENT OF VILLAGE- BALABHITHA POST OFFICE- SIMLAGURI PIN-781313 POLICE STATION- BARPETA ROAD DISTRICT- BARPETA ASSAM DRIVER OF VEHICLE NO. AS-15-AC / 0138-TRACTOR ------------ Advocate for : MR. P HAZARIKA Advocate for : appearing for MISS SALEHA KHATUN AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.06.2026 1. Heard Mr. P. Hazarika, learned counsel for the applicant. Also heard Mr. J. P. Talukdar, learned counsel for the respondent Nos. 1 to 5 and Ms. S. Gurung, learned counsel for the respondent Nos. 6 and 7. 2. This interlocutory application has been filed by the Insurance Company praying for stay of execution of the judgment and award dated 17.02.2026, passed by the Motor Accident Claims Tribunal, Nalbari, in MAC Case No. 61/2019, which Page No.# 3/3 has been impugned in the connected MAC Appeal No. 242/2026. 3. The learned counsel for the respondents submits that they do not have any objection if the applicant is directed to deposit 50% of the awarded amount as a condition for grant of stay. 4. In view of the submissions made by the learned counsel for the parties, this interlocutory application is allowed. 5. The execution of the impugned judgment and award dated 17.02.2026, passed in MAC Case No. 61/2019 is hereby stayed during the pendency of the connected MAC Appeal No. 242/2026 subject to deposit of 50% of the awarded amount by the applicant/Insurance Company before the Registry of this Court within a period of six weeks from the date of this order. 6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant