National Insurance Company Ltd vs Sunny Kumar
2025 Latest Caselaw 7872 Gua

Gauhati High Court

National Insurance Company Ltd vs Sunny Kumar on 17 October, 2025

                                                                        Page No.# 1/3

GAHC010211162025




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

                          Case No. : I.A.(Civil)/3331/2025


          NATIONAL INSURANCE COMPANY LTD.
          HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT PLOT NO.CBD 81
          NEW TOWN
          KOLKATA-700156 AND ITS REGIONAL OFFICE AT G.S.ROAD
          BHANGAGARH
          GUWAHATI.


          VERSUS

          SUNNY KUMAR
          S/O SRI SURESH SINGH R/O-VILL-SOLAGAON
          BOKAJAN MOUZA-HALESWAR
          P.S.TEZPUR DIST-SONITPUR
          ASSAM. PIN-784001. (CLAIMANT)

          2:DR PRANJAL BORAH
          S/O-KRISHNA NANDA BORAH
           R/O-VILL-HAZARIKA CHUK
          COTTON ROAD
          P.O-AND P.S-TEZPUR
          DIST-SONITPUR
          ASSAM-784001(OWNER CUM DRIVER OF THE VEHICLE NO.AS12-AD/9394)
          (CAR)

          3:BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
          REPRESENTED BY BRANCH MANAGER
          TEZPUR BRANCH
          P.O. AND P.S. TEZPUR
          DIST- SONITPUR
          ASSAM
          PIN-784001. (INSURER OF VEHICLE NO.AS-12T/2473(I-20)
                                                                       Page No.# 2/3


                                                 In
                                  MACApp. Case No. 473/2025
                                             ------------
                                  Advocate for : MS. M SAIKIA
                           Advocate for : appearing for SUNNY KUMAR



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

17.10.2025

1. Heard Mr. R. Goswami, the learned counsel for the applicant.

2. This application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of execution of the impugned judgment and award dated 09.06.2025, passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Case No. 02/2024(PD).

3. The aforesaid judgment and award has been impugned by the present applicant, by preferring the connected MAC Appeal No. 473/2025.

4. By the impugned judgment and award dated 09.06.2025, the learned MACT, Sonitpur, Tezpur has awarded a compensation amount of Rs. 3,56,310.00/- to the claimants/opposite parties.

5. The learned counsel for the applicant has submitted that the applicant/appellant insurance company is ready to deposit 50% of the awarded amount as a condition precedent for staying the execution of the impugned judgment and award.

6. In view of the submission of the learned counsel for the applicant, the notices to the opposite parties/respondents are waived.

7. Accordingly, the execution of the impugned judgment and award dated 09.06.2025; passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Page No.# 3/3

Case No. 02/2024(PD) 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.

8. This Interlocutory Application (Civil) is accordingly disposed of.

JUDGE

Comparing Assistant