National Insurance Company Ltd vs Birinchi Bhuyan And Ors
2025 Latest Caselaw 9190 Gua

Gauhati High Court

National Insurance Company Ltd vs Birinchi Bhuyan And Ors on 10 December, 2025

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GAHC010119142025




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

                         Case No. : I.A.(Civil)/3078/2025




         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         G.S. ROAD
         GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE.


          VERSUS

         BIRINCHI BHUYAN AND ORS
         S/O/ LT. RATNESWAR BHUYAN
         R/O. VILL.- MIKIRBORACHUK
         P/O. MIKIRBOROCHUK
         P/S. GOHPUR
         DIST. BISWANATH
         ASSAM
         PIN-784178.

         2:YASKE ALAM
         S/O. ABDUL HUSSAIN
          R/O. NALINIBARI
         TETUNBARI
          P/O. DAFFLAGARH
          P/S. GOHPUR
          DIST. BISWANATH
         ASSAM
          PIN-784171.

         3:MATILAL KISHAN
         S/O. SRI KITAL KISHAN
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          R/O. GAHPUR TEA ESTATE
          P/O. GOHPUR
          P/S. GOHPUR
          DIST. BISWANATH
          ASSAM
          PIN-784168.
          ------------
          Advocate for : Tridib Kalita
          Advocate for : appearing for BIRINCHI BHUYAN AND ORS



                               BEFORE
           HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                      ORDER

Date : 10.12.2025

Heard Mr. T. Kalita learned counsel for the applicant as well as Ms. D. Pathak on behalf of Mr. P. Neog, learned counsel for the respondent No.1/claimant.

This application under Order XLI, Rule 5 of the CPC has been filed praying for stay of the operation of the impugned judgment and award dated 10.02.2025 passed by the learned Member, MACT, Biswanath at Biswanath Chariali in MAC Case No.37 of 2018(D) during the pendency of the appeal.

The learned counsel for the applicant submits that the main appeal has been admitted for hearing wherein the appellant has taken good grounds and there is likelihood of the appeal being successful. It is therefore prayed that the judgment and award dated 10.02.2025 be stayed during the pendency of the appeal.

This Court has considered the facts and circumstances of the present case and directs that the impugned judgment and award dated Page No.# 3/3

10.02.2025 shall remain stayed subject to deposit of 30% of the awarded amount before the Registry of this Court within 4(four) weeks from today.

I.A. is disposed of.

JUDGE

Comparing Assistant