Page No.# 1/3 GAHC010045132026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1266/2026 THE NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR M.S.S. PATH LACHIT NAGAR GUWAHATI-781007 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY VERSUS AIBANA MARAK AND ANR W/O LATE MILLINGTON N. MARAK R/O VILL- ANGOLAGURI P.O.- TUKURA P.S.- KRISHNAI DIST- GOALPARA ASSAM PIN-783126 2:PRAMOD KUMAR SHARMA S/O MALIRAM SHARMA R/O VILL- KABAITARI P.O. AND P.S.- JOGIGHOPA DIST- BONGAIGAON ASSAM PIN-783382 ------------ Advocate for : Shantanu pegu Page No.# 2/3 Advocate for : appearing for AIBANA MARAK AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.07.2026 1. Heard Mr. A. J. Saikia, learned counsel for the applicant. Also heard Mr. A. Agarwala, learned counsel for the respondent/claimant. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure has been preferred in connection with MAC Appeal No. 182/2026 by the applicant/Insurance Company praying for stay of the execution of the judgment and award dated 10.11.2025, passed by the Motor Accident Claims Tribunal, Goalpara, in MAC Case No. 256/2018 during the pendency of the connected MAC appeal. 3. Mr. A. Agrawala, learned counsel for the claimant/respondent submits that the claimant/respondent does not have any objection to the prayer made by the applicant, subject to the condition that they pay Rs.5,00,000/- (Rupees Five Lakhs) in interim as a condition for stay of the impugned judgment and award. However, learned counsel for the applicant/Insurance Company submits that the fifty percent of the awarded amount comes to Rs.3,30,000/- (Rupees Three Lakh Thirty Thousand). However, the Insurance Company is ready to deposit Rs.4,00,000/- (Rupees Four Lakhs) as a condition for grant of stay of the impugned judgment and award. 4. After considering the submissions made by learned counsel for the parties and after going through the materials available on record, this Page No.# 3/3 interlocutory application is allowed, subject to deposit of Rs.4,00,000/- (Rupees Four Lakhs) out of the awarded amount by the applicant/Insurance Company before the Registry of this Court or within six weeks from the date of this order, as a condition for grant of stay of the execution of the impugned judgment and award. If the applicant/Insurance Company deposit the said amount before the Registry as directed by this Court, same shall be disbursed by the Registry to the respondent No. 1/claimant, namely, Aibana Marak, after proper verification without any rider. 5. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant