Gauhati High Court
The New India Assurance Co. Ltd vs Smti Ripika Kalita And 2 Ors on 4 June, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010111292025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1752/2025
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA INDIA
ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD
FORT
MUMBAI 400001 AND ONE OF THE REGIONAL OFFICE AT STATE CITY
COMPLEX
5TH FLOOR
M.S.S. PATH
LACHIT NAGAR
GUWAHATI 781007 AND VARIOUS DIVISIONAL
BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY
VERSUS
SMTI RIPIKA KALITA AND 2 ORS
W/O LATE ABANI KALITA
R/O VILL. AND P.O. JANIGOG
P.S. NALBARI
DIST. NALBARI
ASSAM
PIN 781334
2:SMTI. JONALI BAISHYA
W/O BIMAL BAISHYA
R/O CARE OF PRANJIT TALUKDAR
BEHARBARI
SONKUCHI
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN 781029
Page No.# 2/4
3:PRATUL BAISHYA
S/O MAHIDHAR BAISHYA
R/O VILL. MOROWA BARBHAG
P.O. MOROWA
DIST. NALBARI
ASSAM
PIN 781340
In Case No. : MACApp./239/2025
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA INDIA
ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT, MUMBAI
400001 AND ONE OF THE REGIONAL OFFICE AT STATE CITY COMPLEX,
5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI 781007 AND
VARIOUS DIVISIONAL, BRANCH AND MICRO OFFICES THROUGHOUT
THE COUNTRY
VERSUS
SMTI RIPIKA KALITA AND 2 ORS
W/O LATE ABANI KALITA, R/O VILL. AND P.O. JANIGOG, P.S. NALBARI,
DIST. NALBARI, ASSAM, PIN 781334
2:SMTI. JONALI BAISHYA
W/O BIMAL BAISHYA
R/O CARE OF PRANJIT TALUKDAR
BEHARBARI
SONKUCHI
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN 781029
3:PRATUL BAISHYA
S/O MAHIDHAR BAISHYA
R/O VILL. MOROWA BARBHAG
P.O. MOROWA
DIST. NALBARI
ASSAM
PIN 78134
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Advocate for the applicant(s): Mr. AJ Saikia
Advocate for the respondent(s):
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
04.06.2025
Heard Mr. AJ Saikia, the learned counsel appearing on behalf of the
applicant.
2. This is an application filed under Order XLI Rule 5 of the Code of Civil
Procedure, 1908 for stay of the impugned judgment and award dated
25.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2
Kamrup(M) Guwahati in MAC Case No.468/2020.
3. Taking into account the grounds of objection on which the appeal has been
admitted, this Court stays the impugned judgment and award dated 25.02.2025
passed by the learned Member, Motor Accident Claims Tribunal No.2 Kamrup(M)
Guwahati in MAC Case No.468/2020 till the disposal of the accompanying
appeal, subject to deposit of Rs.8,36,565.80/- along with 9% interest from the
date of filing of the claim application before the Registry of this Court within 6
(six) weeks from the date of the instant order.
4. On such deposit being made, the claimant shall be at liberty to file
appropriate application before the Registry of this Court for release of the said
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amount and the Registry shall on the basis of such application and after making
due identification and proper verification and also upon furnishing of the bank
particulars release the said amount to the claimant.
5. In the circumstance, the Appellant/Applicant succeeds in the accompanying
appeal, this Court would pass appropriate directions for recovery to be made by
the Appellant from the owner.
6. Interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
