[Cites 1, Cited by 0]
Gauhati High Court
The Reliance General Insurance Co. Ltd vs Anuza Saloi And 2 Ors F on 15 December, 2025
Page No.# 1/4
GAHC010134042024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4053/2025
THE RELIANCE GENERAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT 19
RELAINCE CENTRE
WALCHAND HIRACHAND MARG
BALLARD ESTATE
MUMBAI 400001 AND CORPORATE OFFICE AT 570
RECTIFIER HOUSE
NAGAUM CROSS
NEXT TO ROYAL INDUSTRIAL ESTATE
WADALA (W)
MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA
5TH FLOOR G.S. ROAD
BHANGAGARH GUWAHATI- 781005.
VERSUS
ANUZA SALOI AND 2 ORS F
W/O LATE SIMANTA SALOI
VILL.- MIRZA
NARAYANPUR
P.O.- MIRZA
P.S.- PALASHBARI
DIST.- KAMRUP
ASSAM
PIN- 781101.
2:BIKASH SALOI
S/O LATE SIMANTA SALOI
VILL.- MIRZA
NARAYANPUR
P.O.- MIRZA
P.S.- PALASHBARI
DIST.- KAMRUP
Page No.# 2/4
ASSAM
PIN- 781101
3:SAMSUL ALI
S/O ASUR ALI. VILL.- MADHOPUR
P.O.- MOROWA
P.S.- MUKALMUA
DIST.- NALBARI
ASSAM
PIN- 781348.
4:FIAZ ALI
S/O SAMSUL HOQUE
VILL.- MADHAPUR
P.O.- MOROWA
DIST.- NALBARI
ASSAM
PIN- 781348.
------------
Advocate for : MR. A J SAIKIA
Advocate for : MR. N DEBNATH appearing for ANUZA SALOI AND 2 ORS F
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 15.12.2025
1. Heard Mr. A. J. Saikia, learned counsel for the applicant. Also heard Mr. N.
Debnath, learned counsel for the respondents/claimants.
2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908
has been preferred by the applicant in connection with MAC Appeal No. 560/2025
praying for staying of execution of the impugned Judgment and Award dated
29.01.2024 passed by the learned Member, Motor Accident Claims Tribunal No.
2, Kamrup(M) in MAC Case No. 1738/2019 whereby the present
applicant/Insurance Company was directed to pay compensation amount of
Rs.89,37,386.40/- along with an interest @ 9% per annum from the date of
filing of the evidence on affidavit till the date of realization.
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3. The learned counsel for the appellant has submitted that there is every
possibility of the applicant/Insurance Company of getting a favourable order in
the connected MAC Appeal No. 560/2025 and, therefore, prays for stay of the
execution of the impugned judgment and award during the pendency of the
said appeal.
4. On the other hand, the learned counsel for the respondents/claimants
has opposed the said prayer on the ground that the Tribunal was right in
awarding the compensation amount in favour of the present
claimants/respondents and he submits that there is every likelihood that the
connected appeal filed by the present appellant/applicant to be dismissed.
5. Considering the submissions made by the learned counsel for the
parties as well as after considering the grounds of appeal taken by the present
applicant in the memo of appeal of the connected MAC Appeal, this Court is
inclined to allow this application and stay the execution of the impugned
judgment and award during the pendency of the connected MAC Appeal.
6. Accordingly, the impugned Judgment and Award dated 29.01.2024
passed by the learned Member, Motor Accident Claims Tribunal No. 2,
Kamrup(M) in MAC Case No. 1738/2019 is hereby stayed during the pendency
of the connected MAC Appeal No. 560/2025 subject to deposit of 50% of the
awarded amount by the applicant before the Registry of this Court within a
period of six weeks from the date of this order.
7. In case of such deposit being made by the applicant/appellant, the
Registry shall disburse the said amount to the respondent Nos. 1 and
2/claimants after proper verification on their furnishing an indemnity bond of
Rs.44,68,693/-.
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8. With the above observation, this interlocutory application is disposed of.
JUDGE
Comparing Assistant
