Gauhati High Court
The New India Assurance Co Ltd vs Khirada Gohain And 4 Ors E on 29 August, 2025
Page No.# 1/4
GAHC010087652024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : IA(Civil) 2068/2025
THE NEW INDIA ASSURANCE CO LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, G.S. ROAD, GUWAHATI- 7.
VERSUS
KHIRADA GOHAIN AND 4 ORS E
W/O LATE PANDIT GOHAIN, VILL.- RAJABARI GAON, P.O.- PAKHARIJANIA,
P.S.- CHABUA, DIST.- DIBRUGARH, ASSAM- 786184. PRESENTLY RESIDING
IN- B.G. COLONY, RAILWAY QTR NO - 114 (B), P.O.- BONGAIGAON, P.S.-
BONGAIGAON, DIST.- BONGAIGAON, ASSAM- 783380.
2:LAWRENCE ENGTI
THE ADDITIONAL CHIEF ENGINEER (PHE) CUM DIRECTOR
PUBLIC HEALTH ENGINEERING DEPTT.BTC
KOKRAJHAR
DIST. KOKRAJHAR
ASSAM
PIN-783370
3:SIDDHARTH SINGH
THE JOINT SECRETARY GOVT. OF ASSAM
FINANCE (EXPENDITURE CONTROL III) DEPTT. DISPUR
GUWAHATI
PIN-781006
4:BILLAMANGAL ROY
THE EXECUTIVE ENGINEER (PHE)
BAKSA DIVISION
MUSHALPUR
ASSAM
PIN-781343
Page No.# 2/4
5:NIRMAL NATH
ASSISTANT EXECUTIVE ENGINEER (PHE) MUSHALPUR SUB DIVISION
BAKSA
ASSAM
PIN-781343
6:PHANINDRA NARAYAN CHOUDHURY
JUNIOR ENGINEER (PHE)
MUSHALPUR
BAKSA
ASSAM
PIN-78134
Advocate for the Petitioner : MR B ACHARYYA, MS A DAS,MRS. R S DEURI,MS. L WANGSA
Advocate for the Respondent : MR D MONDAL (R- 1 TO 3),
Linked Case : MACApp./277/2025
THE NEW INDIA ASSURANCE CO LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
G.S. ROAD
GUWAHATI- 7.
VERSUS
KHIRADA GOHAIN AND 4 ORS E
W/O LATE PANDIT GOHAIN
VILL.- RAJABARI GAON
P.O.- PAKHARIJANIA
P.S.- CHABUA
DIST.- DIBRUGARH
ASSAM- 786184. PRESENTLY RESIDING IN- B.G. COLONY
RAILWAY QTR NO - 114 (B)
P.O.- BONGAIGAON
P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM- 783380.
2:LAWRENCE ENGTI
THE ADDITIONAL CHIEF ENGINEER (PHE) CUM DIRECTOR
PUBLIC HEALTH ENGINEERING DEPTT.BTC
KOKRAJHAR
DIST. KOKRAJHAR
ASSAM
PIN-783370
Page No.# 3/4
3:SIDDHARTH SINGH
THE JOINT SECRETARY GOVT. OF ASSAM
FINANCE (EXPENDITURE CONTROL III) DEPTT. DISPUR
GUWAHATI
PIN-781006
4:BILLAMANGAL ROY
THE EXECUTIVE ENGINEER (PHE)
BAKSA DIVISION
MUSHALPUR
ASSAM
PIN-781343
5:NIRMAL NATH
ASSISTANT EXECUTIVE ENGINEER (PHE) MUSHALPUR SUB DIVISION
BAKSA
ASSAM
PIN-781343
6:PHANINDRA NARAYAN CHOUDHURY
JUNIOR ENGINEER (PHE)
MUSHALPUR
BAKSA
ASSAM
PIN-781343
------------
Advocate for : MR B ACHARYYA
Advocate for : MR. D MONDAL (R- 1 TO 3) appearing for KHIRADA GOHAIN
AND 4 ORS E
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 29.08.2025
Heard Mr. A. Acharyya, learned counsel appearing on behalf of the
applicant/Insurance Company. Also heard Mr. D. Mondal, learned counsel for the
Opposite Parties No. 1, 2 & 3/claimants.
This is an application praying for stay of the judgment & order, dated
29.12.2023, passed by the learned Member, Motor Accident Claim Tribunal No. 1,
Kamrup(M), Guwahati, in MAC Case No. 46/2019.
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Since the connected appeal has already been admitted for hearing; the
operation of the impugned judgment & order, dated 29.12.2023, passed by the
learned Member, Motor Accident Claim Tribunal No. 1, Kamrup(M), Guwahati, in MAC
Case No. 46/2019, shall remain stayed subject to the condition that the
applicant/Insurance Company deposit 50% of the total awarded amount along with
the accrued interest before the Registry of this Court within a period of 6(six) weeks
from today.
On such deposition made by the applicant/Insurance Company; the same shall
be allowed to be withdrawn by the Opposite Party No. 1/claimant, viz. Smti. Khirada
Gohain, on proper identification as well as by following the due process of verification
as notified in this connection by the Registry of this Court, from time to time.
With the above directions, the interlocutory application, accordingly, stands
disposed of.
JUDGE
Comparing Assistant
