Gauhati High Court
The National Insurance Company Ltd vs Nurjahan Bibi And 9 Ors on 24 November, 2025
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GAHC010250342025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3772/2025
THE NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO. CBD 81
NEW TOWN
KOLKATA 700156 AND THE REGIONAL OFFICE AT BHANGAGARH
GUWAHATI 781005
REPRESENTED BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
NURJAHAN BIBI AND 9 ORS
W/O LATE JAHANGIR TALUKDAR
2:NURUDDIN TALUKDAR
S/O LATE JAHANGIR TALUKDAR
3:MUSHARAPH TALUKDAR
S/O LATE JAHANGIR TALUKDAR
4:AYSHA KHATUN
D/O LATE JAHANGIR TALUKDAR
5:JAYNAL TALUKDAR
S/O LATE BAHAJ UDDIN TALUKDAR
6:CHALEHA TALUKDAR
W/O JAYNAL TALUKDAR
(CLAIMANT NOS 2
3 AND 4 ARE REPRESENTED BY THEIR MOTHER NURJAHAN BIBI) ALL ARE
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R/O VILL. PURBA FALMARI
P.S. BOXIRHAT
DIST. COOCH BEHAR
WEST BENGAL.
7:CHAPAL MUKHERJEE
S/O SAMBHU NATH MUKHERJEE
VILL. BANTIKA BAICHEE
P.S. PANDUA
DIST. HOOGLY (WEST BENGAL).
8:SUSHANTA SIL AND MADHAB CH. PAUL
VILL. AND P.O. BAINCHI P.S. PANDUA
DIST. HOOGLY (WEST BENGAL)
9:UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY ITS BRANCH MANAGER
DHUBRI
P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM.
10:BINOY BARMAN
S/O SARBESWAR BARMAN
VILL. BALAKUNTHI
P.O. BOXIRHAT
DIST. COOCH BEHAR
WEST BENGAL.
------------
Advocate for : MRS. D DAS BARMAN
Advocate for : appearing for NURJAHAN BIBI AND 9 ORS
Linked Case :MACApp./530/2025
THE NATIONAL INSURANCE CO. LTD.
HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO. CBD 81, NEW TOWN,
KOLKATA 700156 AND THE REGIONAL OFFICE AT BHANGAGARH,
GUWAHATI 781005, REPRESENTED BY THE REGIONAL MANAGER,
GUWAHATI REGIONAL OFFICE,
VERSUS
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NURJAHAN BIBI AND 9 ORS
W/O LATE JAHANGIR TALUKDAR
2:NURUDDIN TALUKDAR
S/O LATE JAHANGIR TALUKDAR
3:MUSHARAPH TALUKDAR
S/O LATE JAHANGIR TALUKDAR
4:AYSHA KHATUN
D/O LATE JAHANGIR TALUKDAR
5:JAYNAL TALUKDAR
S/O LATE BAHAJ UDDIN TALUKDAR
6:CHALEHA TALUKDAR
W/O JAYNAL TALUKDAR
(CLAIMANT NOS 2
3 AND 4 ARE REPRESENTED BY THEIR MOTHER NURJAHAN BIBI) ALL
ARE R/O VILL. PURBA FALMARI
P.S. BOXIRHAT
DIST. COOCH BEHAR
WEST BENGAL.
7:CHAPAL MUKHERJEE
S/O SAMBHU NATH MUKHERJEE
VILL. BANTIKA BAICHEE
P.S. PANDUA
DIST. HOOGLY (WEST BENGAL).
8:SUSHANTA SIL AND MADHAB CH. PAUL
VILL. AND P.O. BAINCHI P.S. PANDUA
DIST. HOOGLY (WEST BENGAL)
9:UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY ITS BRANCH MANAGER
DHUBRI
P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM.
10:BINOY BARMAN
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S/O SARBESWAR BARMAN
VILL. BALAKUNTHI
P.O. BOXIRHAT
DIST. COOCH BEHAR
WEST BENGAL
Advocate for the Petitioner : MRS. D DAS BARMAN, MS. P CHUTIA
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
24/11/2025
Heard Ms. D D Barman, learned counsel for the applicant.
2. This application under Order 41 Rule 5 of the Code of Civil Procedure has been filed
by the applicant praying for stay of the execution of the judgment and award dated
11.08.2025 passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No. 03/2018
(D).
3. The applicant has impugned the aforesaid judgment by preferring the connected
MACApp. No. 530/2025.
4. The learned counsel for the applicant has submitted that the applicant is ready
to deposit 50% of the awarded amount as a condition of stay.
5. Considering the submissions made by the learned counsel for the applicant, the notice
to respondents is made in this Interlocutory Application and the execution of the impugned
judgment and award passed by the Motor Accident Claims Tribunal, Dhubri in MAC Case No.
03/2018 (D) is hereby stayed during the pendency of the connected MACApp. No. 530/2025,
subject to the condition that the applicant shall deposit 50% of the awarded amount before
the Registry of this Court within a period of 6 (six) weeks from the date of this order.
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6. This Interlocutory Application is accordingly disposed of.
JUDGE
Comparing Assistant
