Page No.# 1/3 vs Smt Saraswati Haloi And 3 Ors
2025 Latest Caselaw 8786 Gua

Gauhati High Court

Page No.# 1/3 vs Smt Saraswati Haloi And 3 Ors on 21 November, 2025

                                                                 Page No.# 1/3

GAHC010241602025




                                                           2025:GAU-AS:15862

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

                        Case No. : I.A.(Civil)/1361/2025




         ORIENTAL INSURANCE CO LTD.



          VERSUS

         SMT SARASWATI HALOI AND 3 ORS
         W/O LATE GOKUL HALOI


         2:DIGANTA HALOI

         S/O LATE GOKUL HALOI

         BOTH ARE R/O VILL. CHANDA
         P.O. AND P.S. MUKALMUA
         DIST. NALBARI
         ASSAM
         PIN781126

          3:MUNINDRA KALITA

         S/O LATE KHITESWAR KALITA
         C/O SRI DHARMESWAR KALITA
         R/O VILL. KHEPKUCHI
         P.O. GORESWAR
         P.S. BAIHATA CHARIALI
         DIST. KAMRUP (R)
                                                                         Page No.# 2/3

        ASSAM
        PIN 781366

        4:MD. RAFIQUL ISLAM

        S/O SOLEMAN ALI
        R/O VILL. CHORABARI
        P.O. KHOPNIKUCHI
        P.S. HAJO
        DIST. KAMRUP (R)
        ASSAM
        PIN 781102
        ------------
        Advocate for : MS. R D MOZUMDAR
        Advocate for : appearing for SMT SARASWATI HALOI AND 3 ORS



                               BEFORE
             HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

21.11.2025

1. Heard Mr. S.P. Sharma, learned counsel for the applicant. Also heard Mr. K.K. Dey, learned counsel for the respondent nos. 1 and 2/claimant.

2. This is an application under Order 41 Rule 5 of the CPC has been filed in connection with the connected MAC Appeal No.167/2025 by the applicant insurance company praying for stay of execution of the judgment and award dated 17.01.2025, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup(M), Guwahati in MAC Case No.2640/2019, whereby the applicant insurance company are directed to pay a compensation of Rs.14,65,984/- with a interest at the rate of 9% per annum.

3. The learned counsel for the respondent nos. 1 and 2/claimant submits that he does not have any objection to the prayer made by the Page No.# 3/3

applicant subject to the condition that the applicant may be directed to deposit 50% of the awarded compensation amount before the Registry of this Court.

4. Considering the submissions made by the learned counsel for the parties, this interlocutory application is allowed and the execution of judgment and award dated 17.01.2025, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup(M), Guwahati in MAC Case No.2640/2019 is stayed during the pendency of the connected MAC Appeal No.167/2025, subject to the condition that the applicant insurance company shall deposit 50% of the awarded amount within 6(six) weeks from the date of this order.

5. Accordingly, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant