National Insurance Co.Ltd vs Anupama Kalita And 3 Ors
2025 Latest Caselaw 9565 Gua

Gauhati High Court

National Insurance Co.Ltd vs Anupama Kalita And 3 Ors on 15 December, 2025

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GAHC010258412025




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

                        Case No. : I.A.(Civil)/4038/2025

         NATIONAL INSURANCE CO.LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         G.S. ROAD
         GUWAHATI781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE.


          VERSUS

         ANUPAMA KALITA AND 3 ORS
         AGED ABOUT 39 YEARS
         WIFE OF LATE UMESH KALITA

         2:SUBHASANA KALITA
         AGED ABOUT 7 YEARS
          DAUGHTER OF LATE UMESH KALITA
          BOTH ARE RESIDENTS OF- VILLAGE NAGARBERA
          POLICE STATION NAGARBERA
          POST OFFICE- NAGARBERA
          DISTRICT- KAMRUP
         ASSAM
          PIN 781127

         3:INDRAJIT TALUKDAR
         SON OF BENUDHAR TALUKDAR
         RESIDENT OF VILLAGE- PIJUPARA
         POLICE STATIONNAGARBERA
         POST OFFICE- NAGARBERA
         DISTRICT- KAMRUP
         ASSAM
         PIN781127
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          4:DEBABRAT DAS
          SON OF HARICHARAN DAS
          RESIDENT OF VILLAGE- TIPLAI
          POST OFFICE- TIPLAI
          POLICE STATIONRANJULI
          DISTRICT- GOALPARA
          ASSAM
          PIN-783130
          ------------
          Advocate for : MR T KALITA
          Advocate for : appearing for ANUPAMA KALITA AND 3 ORS



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 15.12.2025

1. Heard Mr. T. Kalita, learned counsel for the appellant.

2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant/Insurance Company in connection with MAC Appeal No. 557/2025 praying for stay of the execution of the impugned Judgment and Order dated 22.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 14/2022.

3. Since, 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, this Court is not inclined to issue notice to the respondents and allows the interlocutory application.

4. The execution of the impugned judgment and award dated 22.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 14/2022 shall remain stayed during the pendency of the connected MAC Appeal No. 557/2025 subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within six Page No.# 3/3

weeks of the date of this order.

5. This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant