New India Assurance Co Ltd vs Sajiran Nessa And Ors
2025 Latest Caselaw 9563 Gua

Gauhati High Court

New India Assurance Co Ltd vs Sajiran Nessa And Ors on 15 December, 2025

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GAHC010213552025




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

                        Case No. : I.A.(Civil)/4036/2025

         NEW INDIA ASSURANCE CO LTD
         A PUBLIC SECTOR UNDERTAKING COMPANY
         REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956
         HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD
         FORT MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT STATE CITY
         COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         G.S. ROAD
         ULUBARI
         GUWAHATI 781007
         REPRESENTED BY ITS REGIONAL MANAGER
         GUWAHATI
         ASSAM.


          VERSUS

         SAJIRAN NESSA AND ORS
         WO KUDDUS ALI

         1.2:AMINUR ALI SK
         S/O LATE SOFIQUL HAQUE
         ALL ARE RESIDING AT VILL. PACHIM GAIKHOWA
          PART II
          P.O. DIMAKURI
          P.S. GOLAKGANJ
          DIST. DHUBRI
         ASSAM
          PIN 783334

         2:CHABAR UDDIN PRODHANI
         S/O TOMIZ UDDIN PRODHANI
         R/O VILL. BINNACHARA
                                                                         Page No.# 2/3

           PART IV
           P.O. BALADOBA
           P.S. GOLAKGANJ
           DIST. DHUBRI
           ASSAM
           PIN 783127

           3:ALI HUSSAIN

          S/O AMIR AKI
          R/O VILL. P.O. BALADOBA
          P.S. GOLAKGANJ
          DIST. DHUBRI
          ASSAM
          PIN 783127
          ------------
          Advocate for : MR. R C PAUL
          Advocate for : appearing for SAJIRAN NESSA AND ORS



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 15.12.2025

1. Heard Mr. R. C. Paul, learned counsel for the applicant.

2. This interlocutory application has been filed by the applicant/Insurance Company under Order 41 Rule 5 of the Code of Civil Procedure in connection with MAC Appeal No. 555/2025 praying for stay of execution of the impugned judgment and award dated 16.06.2025 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 51/2019 (D) whereby a compensation amount of Rs.25,45,200/- along with an interest @ 7% per annum was directed to be paid to the claimant respondents.

3. The learned counsel for the applicant has submitted that the applicant is ready to deposit 50% of the awarded amount as a condition for stay of the execution of the impugned judgment and award.

4. Since, the learned counsel for the applicant is ready to deposit 50% of the Page No.# 3/3

awarded amount, notice to the respondents is waived in this case and this interlocutory application is allowed.

5. The execution of impugned judgment and award dated 16.06.2025 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 51/2019 (D) shall remain stayed during the pendency of the connected MAC Appeal No. 555/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six weeks of the date of this order.

6. With the above observation, this interlocutory application is disposed of.

JUDGE

Comparing Assistant