New India Assurance Co. Ltd vs Smt Manju Mahanta And 5 Ors
2025 Latest Caselaw 8613 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Smt Manju Mahanta And 5 Ors on 17 November, 2025

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GAHC010183772025




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

                        Case No. : I.A.(Civil)/3695/2025


         NEW INDIA ASSURANCE CO. LTD.
         A CO. REGD. UNDER THE COMPANIES ACT
         1956
         REP. BY ITS REGIONAL MANAGER G.S ROAD
         GUWAHATI-07.


          VERSUS

         SMT MANJU MAHANTA AND 5 ORS.
         W/O. LT PRADIP MAHANTA

         2:SMT DIPSHIKHA MAHANTA
         D/O LT PRADIP MAHANTA

         3:SMT ANKITA MAHANTA
         D/O LT PRADIP MAHANTA

         4:SRI PRIYAM KASHYAP
         S/O LT PRADIP MAHANTA
         ALL ARE R/O VILL.- JAPARKUCHI
         BALILECHA
         PO CHOWKBAZAR
         TERECHIA
         PS NALBARI
         ASSAM
         PIN-781334

         5:RAJIK HUSSAIN
         S/O NURUR RAHMAN
         R/O VILL KUMIRIKATA
         PO DEHAR KALAKUCHI
         PS MUKALMUA
                                                                           Page No.# 2/3

          DIST. NALBARI
          ASSAM
          PIN-781310

          6:MD JEHERUL ISLAM
          S/O DERAJ ALI
          R/O VILL KUMIRIKATA PO DEHAR KALAKUCHI
          PS MUKALMUA NALBARI
          ASSAM
          PIN-781310
          ------------
          Advocate for : MR. A ACHARYA
          Advocate for : appearing for SMT MANJU MAHANTA AND 5 ORS.

                                            In
                                 MACApp. Case No. 524/2025


                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

17.11.2025

1. Heard Mr. A. Acharya, the learned counsel for the applicant/assurance company.

2. This interlocutory application has been filed by the applicant/assurance company praying for stay of the execution of the judgment and award dated 05.03.2025, passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 1564/2018.

3. The applicant has impugned the aforesaid judgment and award by preferring the connected appeal No. 524/2025.

4. The applicant/appellant is aggrieved mainly with the quantum of the compensation awarded to the claimant/respondents.

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

6. Considering the submissions the notice to the respondents is waived and this interlocutory application is allowed.

7. The execution of the impugned judgment and award dated 05.03.2025, passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 1564/2018 is hereby stayed, subject to deposit of 50 % of the awarded amount by the applicant before the Registry of this court within a period of 6(six) weeks from the date of this order.

8. This interlocutory application (civil) is, accordingly, disposed of.

JUDGE

Comparing Assistant