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2033 DAILYLAW 1 (GAU)

UNITED INDIA INSURANCE COMPANY LIMITED v. SMTI MANI DEVI AND ORS.

I.A.(Civil)/2033/2026 · 2026-06-18

Kaushik Goswami

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Judgment text

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Page No.# 1/3 GAHC010120902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2033/2026 UNITED INDIA INSURANCE COMPANY LIMITED A PUBLIC SECTOR UNDERTAKING COMPANY ITS REGISTERED AND INCORPORATED UNDER THE CO. ACT 1956 HAVING ITS REGD. OFFICE AT 24 WHITES ROAD CHENNAI-600014 AND REGIONAL OFFICE AT CHIBBER HOUSE 2ND FLOOR G.S. ROAD GUWAHATI-5 ASSAM REPRESENTED BY ITS REGIONAL MANAGER. VERSUS SMTI MANI DEVI AND ORS. W/O. LT. MATHURA MOHAN SHARMA 1.2:MISS UPASANA SHARMA D/O. LT. MATHURA MOHAN SHARMA 1.3:MISS JIMONI SHARMA D/O. LT. MATHURA MOHAN SHARMA ALL ARE RESIDING AT R/O. VILL.- RUPALIM NAGAR SURVEY SCHOOL BYE LANE NO. 1 HOUSE NO. 5 P/O. P/S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN-780014 2:SRI JIBON DEKA S/O ROBIN DEKA R/O VILLAGE- BIBIDIA Page No.# 2/3 P.O. AND P.S. CHAYGAON DISTRICT KAMRUP M ASSAM PIN-781124. ------------ Advocate for : MR. R C PAUL Advocate for : appearing for SMTI MANI DEVI AND ORS. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 19.06.2026 Heard Mr. R. C. Paul, learned counsel, appearing for the appellant. 2. By way of the present application filed under Order XLI Rule V, read with Section 151 of the Code of Civil Procedure, 1908, the applicant/appellant has prayed for stay of the operation and execution of the impugned judgment & award dated 16.03.2026 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (M) at Guwahati in MAC Case No. 610/2020. 3. Having considered the submissions advanced and upon a prima facie examination of the materials available on record, this Court is of the view that the applicant has made out a case for grant of interim protection. The connected appeal has already been admitted for hearing. 4. Accordingly, pending disposal of the appeal, the operation and execution of the impugned judgment and award dated 16.03.2026 passed in MAC Case No. 610/2020 shall remain stayed, subject to the condition that the appellant deposits 50% (fifty per cent) of the awarded amount before the Registry of this Court within a period of Page No.# 3/3 six weeks from today. 5. Upon such deposit being made, it shall be open to the claimant(s) to approach the Registry by filing an appropriate application seeking release of the deposited amount. On such application being filed, and upon due verification of the identity and entitlement of the claimant(s), the Registry shall release the deposited amount, in accordance with law, after obtaining proper acknowledgment. 6. Subject to the aforesaid conditions, the interim prayer stands allowed. The interlocutory application stands disposed of. JUDGE Comparing Assistant