The National Insurance Company Ltd vs Nalita Nath @ Lalita Devi And 4 Ors
2025 Latest Caselaw 7871 Gua

Gauhati High Court

The National Insurance Company Ltd vs Nalita Nath @ Lalita Devi And 4 Ors on 17 October, 2025

                                                                   Page No.# 1/3

GAHC010226902025




                                                            undefined

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

                         Case No. : I.A.(Civil)/3311/2025




         THE NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO.CBD-81
         NEW TOWN
         KOLKATA700156 AND THE REGIONAL OFFICE AT BHANGAGARH
         GUWAHATI-781005
         AS-13-C/4522 (ULTRA BUS).


          VERSUS

         NALITA NATH @ LALITA DEVI AND 4 ORS.
         W/O. LATE UMA CHARAN NATH @ UMASORAN.

         2:CHAMPAK NATH
         S/O. LATE UMA CHARAN NATH @ UMASORAN.

         3:LAXMI DEVI
         D/O. LATE UMA CHARAN NATH @ UMASORAN. ALL ARE RESIDENT OF
         WARD NO.5
         NATHPARA (SURJYAKHATA PART-II)
         P.O.AND P.S. BILASIPARA
         DISTRICT- DHUBRI
         ASSAM.

         4:BAHARUL ISLAM
         S/O. ROSTAM ALI VILL.GOPIGAON PT-III
         P.O. LAKHIGANJ
         P.S. BILASIPARA
         DISTRICT- DHUBRI
         ASSAM
                                                                          Page No.# 2/3

          PIN-783348 (OWNER OF THE VEHICLE NO. AS-13/C-4522 (ULTRA BUS).

          5:ASHRAFUL ALOM
          S/O. MONOWAR ALI
          MENDIRJHAR
          WARD NO.6 P.O.AND P.S. BILASIPARA
          DISTRICT- DHUBRI
          ASSAM
          PIN-783348
          (DRIVER OF THE VEHICLE NO. AS-13/C-4522 (ULTRA BUS).


                                                   In
                                     MACApp. Case No. 468/2025
                                               ------------
                                Advocate for : MRS. D DAS BARMAN
              Advocate for : appearing for NALITA NATH @ LALITA DEVI AND 4 ORS.




                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

17.10.2025

1. Heard Ms. D.D.Barman, the learned counsel for the applicant.

2. This interlocutory application has been filed by the applicant praying for stay of the execution of the impugned judgment and award dated 10.07.2025, passed by the learned Member, MACT, Dhubri, in MAC Case No. 18/2022(D), whereby, an award of Rs. 23,00,400/- (Rupees Twenty Three Lakhs Four Hundred only)was directed to be paid as compensation to the respondent Nos. 1,2 and 3, who were the claimants of the said case.

3. Since the learned counsel for the applicant is ready to deposit 50 % of the awarded amount as a condition precedent for staying the execution of the impugned judgment and award, notices to the respondents are waived in this Page No.# 3/3

case.

4. Accordingly, the execution of the impugned judgment and award dated 10.07.2025, passed by the learned Member, MACT, Dhubri, in MAC Case No. 18/2022(D) shall remain stayed during the pendency of the connected MAC Appeal No. 468/2025, subject to the condition that the applicant/appellant shall deposit 50 % of the awarded amount before the Registry of this Court within 4(four) weeks from the date of this order.

5. This Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant