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Gauhati High Court
National Insurance Company Ltd vs Mosstt. Eachmina Khatun And 5 Ors B on 16 December, 2025
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GAHC010057832024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/57/2025
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA
AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 05
VERSUS
MOSSTT. EACHMINA KHATUN AND 5 ORS B
W/O LATE MASTOFA AHMED, RESIDENT OF VILLAGE JEWMARI, PO
TELIACHAPARI, PS RUPAHIHAT, DIST NAGAON, ASSAM 782125
2:MOSSTT. HALIMA KHATUN
W/O LATE ABDUL BATEN
RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
3:MOSST. MUSFIYA AKHTARA
D/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
4:MOSST. MUSFIYA AKHTARA
D/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
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5:MD. IKBAL HUSSAIN
S/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 78212
Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA
Advocate for the Respondent : MR D MONDAL(R-1,2,4),
Linked Case : I.A.(Civil)/3649/2025
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
REGIONAL OFFICE AT GS ROAD
BHANGAGARH
GUWAHATI 05
VERSUS
MOSSTT. EACHMINA KHATUN AND 5 ORS B
W/O LATE MASTOFA AHMED
RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
2:MOSSTT. HALIMA KHATUN
W/O LATE ABDUL BATEN
RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
3:MOSST. MUSFIYA AKHTARA
D/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI
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PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
4:MD. IKBAL HUSSAIN
S/O LATE MASTOFA AHMED RESIDENT OF VILLAGE JEWMARI
PO TELIACHAPARI
PS RUPAHIHAT
DIST NAGAON
ASSAM 782125
5:MD. BADRUL JAMAL LASKAR
S/O MD. AMIRUDDIN LASKAR
VILLAGE SONAPUR PART II
SILCHAR
DIST CACHAR
ASSAM 788817
------------
Advocate for : MR. K K BHATTA
Advocate for : MR D MONDAL(R-1
2
4) appearing for MOSSTT. EACHMINA KHATUN AND 5 ORS B
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
16.12.2025
Learned counsel Ms. L. Sharma is present for the applicant. Learned counsel Mr.
D. Mondal is present for the respondent Nos. 1, 2, 3 and 4.
Learned counsel for the applicant has prayed for stay of the operation of the
impugned judgment and award dated 30.11.2023 in N.E.C. Case No. 20/2022 as
the Insurance Company is aggrieved by the aforementioned judgment and
award.
The operation of the impugned judgment and award is stayed until further
orders subject to the condition that the Insurance Company deposits 50% of the
compensation awarded in favour of the claimants before the Registry of this
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Court within 4 (four) weeks from the date of this order.
On a prayer made by the learned counsel for the respondent Nos. 1 to 4, the
claimants are allowed to withdraw the deposited amount from the Registry of
this Court on proper verification by the Registry and also on execution of bonds
by the claimants.
In terms of the above observation, this IA stands disposed of.
JUDGE
Comparing Assistant
