Page No.# 1/3 GAHC010202552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2145/2026 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPP. SB DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DIST KAMRUP M ASSAM REPRESENTED BY ITS DEPUTY MANAGER MR. KAIFI ANAM VERSUS ROHIMA BIBI AND 5 ORS W/O LATE SATTAR ALI RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON PO KORTIMARI DIST KOKRAJHAR ASSAM 783337 2:HASINA KHATUN D/O LATE SATTAR ALI RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON PO KORTIMARI DIST KOKRAJHAR ASSAM 783337 3:JOHIRUL ISLAM S/O LATE SATTAR ALI RESIDENT OF VILLAGE ASHARIKANDI (KORTIMARI) PO GOSSAIGAON PO KORTIMARI DIST KOKRAJHAR ASSAM 783337 Page No.# 2/3 4:MALIKON KHANOM W/O EMANNUR HUSSAIN RESIDENT OF VILLAGE GOBORDHAN PARA (NAYERALGA PS BILASIPARA DIST. DHUBRI ASSAM 783348 5:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS DIVISIONAL MANAGER BONGAIGAON ASSAM 6:MRS. ASHIMA BEGUM W/O SHAHABUDDIN AHMED RESIDENT OF VILLAGE JOYPUR PART I PO AND PS TULSIBIL DIST KOKRAJHAR ASSAM 783337 ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : appearing for ROHIMA BIBI AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.06.2026 1. Heard Mr. A. Bhattacharyya, learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant in connection with MAC Appeal No. 328/2026 under Order 41 Rule 5 of the Code of Civil Procedure, 1908 praying for stay of execution of the impugned judgment and award dated 27.06.2024, passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No. 23/2021(D), whereby the present applicant was directed to pay a compensation amount of Rs.13,35,000/- along with interest at the rate of 7% per annum to the claimant/respondent. Page No.# 3/3 3. The learned counsel for the claimant/respondent does not oppose the prayer subject to the condition that the Insurance Company is ready to deposit 50% of the awarded amount as a condition for grant of stay. 4. Mr. A. Bhattacharyya, learned counsel for the applicant also agrees to the same. 5. In view of the submissions made by the learned counsel for both sides, this interlocutory application is allowed. 6. The execution of the impugned judgment and award dated 27.06.2024, passed in MAC Case No. 23/2021(D) shall remain stayed during the pendency of the MAC Appeal No. 328/2026, 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. 7. In the event such an amount deposited by the applicant before the Registry, same shall be disbursed to the claimant/respondent by the Registry after proper verification. 8. With the above observations, this interlocutory application is disposed of. JUDGE Comparing Assistant