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2026 DAILYLAW 8715 (GAU)

NATIONAL INSURANCE COMPANY LTD v. MITHUN BANIK AND 2 ORS. A

I.A.(Civil)/912/2026 · 2026-06-21

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/2 GAHC010270702023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/912/2026 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT M.S.S. PATH BHANGAGARH GUWAHATI 781005 VERSUS MITHUN BANIK AND 2 ORS. A S/O LATE PARIMAL BANIK RESIDENT OF SONARIBALI PS SAMAGURI DIST NAGAON ASSAM 782140 2:SRI MANAJIT BARMAN S/O ANUKUL BARMAN RESIDENT OF SIMALTALA PS JHARGAON DIST. MORIGAON ASSAM 782411 3:MD. TAFIQUE ALI S/O LATE NUR MAHAMMAD RESIDENT OF DHIRENPARA. PS FATASHIL AMBARI GUWAHATI DIST KAMRUP M ASSAM 781025 Page No.# 2/2 ------------ Advocate for : MR. A J SAIKIA Advocate for : MR D MONDAL(R-1) appearing for MITHUN BANIK AND 2 ORS. A BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 22.06.2026 Heard A.J. Saikia, learned counsel for the applicant. This Interlocutory Application has been preferred seeking stay of the operation of the impugned judgment and award dated 23.05.2023 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (Metro), Guwahati, Assam in MAC Case No.413/2017. It is submitted that an amount of Rs.25,000/- has been already deposited as statutory deposit and the appellant Insurance Company is ready to deposit 50% of the awarded amount. In view of the above, the execution of the judgment and award 23.05.2023 shall remain stayed subject to deposit of the 50% of the awarded amount within a period of 4 (four) weeks from today. Upon such deposit, the respondent No.1/claimant shall be allowed to withdraw the same subject to execution of the suitable bond to the satisfaction of the Registry. I.A. stands disposed of. JUDGE Comparing Assistant