Sbi General Insurance Company Ltd vs Prabita Borah And Anr
2025 Latest Caselaw 8447 Gua

Gauhati High Court

Sbi General Insurance Company Ltd vs Prabita Borah And Anr on 10 November, 2025

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GAHC010234752025




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




         I.A.(Civil)/3560/2025

         SBI GENERAL INSURANCE COMPANY LTD
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD
          ANDHERI EAST
          MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR
          B BLOCK
          APEEJAY HOUSE
          15 PARK STREET
          KOLKATA-7000016 AND BRANCH OFFICE AT 2ND FLOOR
          LAKSHMI DARSHAN BUILDING
          OPPOSITE BORA S


          VERSUS

         PRABITA BORAH AND ANR.
         W/O SRI PRADIP BORAH R/O-VILLAGE-GHATUA
         BARATI P.S.THELAMARA
         DISTRICTSONITPUR
         ASSAM
         PIN784149. CLAIMANT

         2:ROSESWAR BORAH
         S/O LATE MILARAM BORAH R/O-VILLAGE-GOTONGA P.S.TEZPUR
         DISTRICTSONITPUR
         ASSAM PINCODE784001. OWNER OF THE VEHICLE NO.AS-12R-2115
          ------------
         Advocate for : MS. M SAIKIA
         Advocate for : appearing for PRABITA BORAH AND ANR.
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                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : --10.11.2025

Heard Mr. R. Goswami, the learned counsel for the applicant/appellant.

This is an application for stay of the petition under Order XLI Rule 5 of the CPC against the impugned Judgment & Award dated 25.07.2025 passed by the learned Member, MACT, Sonitpur in MAC Case No. 70/2023(D).

It is submitted by Mr. Goswami that the connected appeal is filed challenging the order of the learned Member, MACT on the ground that the statutory policy do no cover the liability and risk of the occupant. However, the applicant/appellant is ready to deposit 50% of the awarded amount.

In view of this, the execution of the Judgment & Award dated 25.07.2025 be stayed till disposal of the connected appeal subject to deposit of 50% of the awarded amount before the Registry within 6 weeks from the date of order.

With the above observations, the I.A. stands disposed of.

JUDGE

Comparing Assistant