Gauhati High Court
Magma Hdi General Insurance Company Ltd vs Shipra @ Sipra Das And 4 Ors on 17 October, 2025
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GAHC010157072025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3315/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B
B201-202 ECOSPACE BUSINESS PARK
AMBUJA REALITY CAMPUS
ACTION AREA 110
NORTH TWENTY FOUR PARGANA
WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING
2ND FLOOR
SOUTH SARANIA
G.S. ROAD
GUWAHATI-781007.
VERSUS
SHIPRA @ SIPRA DAS AND 4 ORS.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B
B201-202 ECOSPACE BUSINESS PARK
AMBUJA REALITY CAMPUS
ACTION AREA 110
NORTH TWENTY FOUR PARGANA
WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING
2ND FLOOR
SOUTH SARANIA
G.S. ROAD
GUWAHATI-781007.
2:BURHAN UDDIN BARBHUIYA
S/O. MD. ABDUR RAHMAN BARBHUIYA
R/O. VILL.- CHANDPUR
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P/O. CHANDPUR
P/S. HAILAKANDI
DIST. HAILAKANDI
ASSAM-788151
3:KAMRUL ISLAM BARBHUIYA
S/O. MD. ATAUR RAHMAN BARBHUIYA
R/O. VILL.- CHANDPUR
P/O. CHANDPUR
P/S. HAILAKANDI
DIST. HAILAKANDI
ASSAM-788151
4:JAYANTA DEB
S/O. SRI. JAGADISH DEB
R/O. VILL.- GAMARIA
P/O. GAMARIA
P/S. RK NAGAR
DIST. KARIMGANJ
ASSAM-788156
5:SHRIRAM GENERAL INSURANCE CO. LTD.
B.R. ARCADE
3RD FLOOR
21 JANAPATH
ULUBARI
OPPOSITE HOTEL PRIYA PALACE
GUWAHATI-781007.
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Advocate for : MS. M SAIKIA
Advocate for : appearing for SHIPRA @ SIPRA DAS AND 4 ORS.
In
MACApp. Case No. 472/2025
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
17.10.2025
1. Heard Mr. R. Goswami, the learned counsel for the applicant.
2. This interlocutory application has been filed by the applicant insurance
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company under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying
for stay of execution of the impugned judgment and award dated 22.04.2025,
passed by the learned Member, MACT, Cachar, in MAC Case No. 254/2018.
3. The applicant has impugned the aforesaid judgment by preferring the
connected MAC Appeal No. 472/2025.
4. The applicant is aggrieved mainly with the quantum of the
compensation amount awarded to the claimants/respondents.
5. Since the learned counsel for the applicant has submitted that the
applicant insurance company is ready to deposit 50% of the awarded amount as
a condition precedent for stay of the execution of the impugned judgment and
award, notice to the opposite parties in this interlocutory application is waived.
6. Accordingly, the execution of the impugned judgment and award,
passed in MAC Case No. 254/2018, by the MACT, Cachar is hereby stayed,
subject to the condition that the applicant insurance company shall deposit 50%
of the awarded amount before the Registry of this Court within a period of
4(four) weeks, from the date of this order.
7. This Interlocutory Application (Civil) is accordingly disposed of.
JUDGE
Comparing Assistant
