New India Assurance Company Ltd vs Boti Alias Ghasia Orang And Ors
2025 Latest Caselaw 9041 Gua

Gauhati High Court

New India Assurance Company Ltd vs Boti Alias Ghasia Orang And Ors on 1 December, 2025

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GAHC010104782025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Civil)/2700/2025




         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD
         GUWAHATI 781007


          VERSUS

         BOTI ALIAS GHASIA ORANG AND ORS
         S/O LATE SAMRA ORANG

         2:MISS SITA URANG

         D/O BOTI @ GHASIA ORANG

          3:KARMA URANG

         S/O BOTI @ GHASIA ORANG

          4:MISS LASMI ORANG

         D/O BOTI @ GHASIA ORANG
         ALL ARE R/O VILL. POWAI TEA ESTATE
         NAGAPARA
         LINE NO. 3
         P.S. DIGBOI
         DIST. TINSUKIA
         ASSAM
                                                                         Page No.# 2/3

          PIN 786171

          5:RAJENDRA SINGH

         S/O LATE VAYANKAR SINGH
         R/O NATIONAL PLYWOOD TINSUKIA
         BALUGADA
         P.S. AND DIST. TINSUKIA
         ASSAM
         PIN 786187

          6:RAGHU BANAH SINGH

         S/O LATE RAM AVATAR SINGH
         R/O VILL. CHIRAPATTY
         P.S. AND DIST. TINSUKIA
         ASSAM
         PIN 786125
         ------------
         Advocate for : MONDAKINI SAIKIA
         Advocate for : appearing for BOTI ALIAS GHASIA ORANG AND ORS



                               BEFORE
           HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                    ORDER

Date : 01.12.2025

This application under Order XLI, Rule 5 of the CPC has been filed praying for stay of the operation of the impugned judgment and order dated 30.01.2024 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017.

The learned counsel for the appellant/applicant submits that the applicant has filed an appeal against the judgment and award dated 30.01.2025 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017 by which the appellant was directed to pay a sum of Rs.13,39,224.16 with 9% interest against the insurer/appellant. The learned Page No.# 3/3

counsel for the applicant submits that the applicant has good grounds for appeal considering the fact that the deceased along with 30 others was travelling in the goods carrying truck and was a gratuitous passenger and the appeal is likely to succeed. Therefore, it is prayed that the judgment and award dated 30.01.2025 be stayed during the pendency of

The Court has considered the submission of the learned counsel and perused the pleadings and is of the view that the present application may be allowed. Accordingly, the judgment and award dated 30.01.2025 passed by the learned Member MACT Kamrup(M) in MAC Case 1461 of 2017shall remain stayed till the disposal of the appeal.

I.A. is disposed of.

JUDGE

Comparing Assistant