Gauhati High Court
The Tata Aig General Insurance Co Ltd vs Md Amir Ali on 24 October, 2025
Page No.# 1/5
GAHC010080192025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3386/2025
THE TATA AIG GENERAL INSURANCE CO LTD
HAVING ITS REGD OFFICE AT PENINSULA BUSINESS PARK
TOWER A
15 FLOOR
G K MARG
LOWER PAREL
MUMBAI- 400013
MAHARASHTRA AND HAVING ONE OF ITS BRANCH OFFICE AT 3RD
FLOOR
MAYUR GARDEN
OPP HDFC BANK
GS ROAD
GUWAHATI 781005
ASSAM
VERSUS
MD AMIR ALI
S/O- LATE NURUL AMIN
R/O- BORBORI
P.O- BELTOLA
PS DHARAMTULI
PIN- 782412
DIST- MORIGAON
ASSAM
2:LAILA KHATUN
W/O. MD. AMIR ALI
R/O. BORBARI
P/O. BELTALA
P/S. DHARAMTULI
PIN-782412
Page No.# 2/5
DIST. MORIGAON
ASSAM
3:ARUP DEWR
S/O. SRI PRAFULLA DEWRI
R/O. AMARAGURI
P/O. BHURAGAON
P/S. BHURAGAON
PIN-782127
DIST. MORIGAON
ASSAM
4:JATIN BASUMATARY
S/O. D. BASUMATARY
C/O. PRAMOD BORO
R/O. MURKATA
P/O. DURUNG PAHAR
P/S. KHETRI
PIN-782403
DIST. KAMRUP (M0
ASSAM.
------------
Advocate for : ALOK KUMAR BHATTACHARYYA
Advocate for : appearing for MD AMIR ALI
Linked Case : MACApp./479/2025
THE TATA AIG GENERAL INSURANCE CO LTD
HAVING ITS REGD OFFICE AT PENINSULA BUSINESS PARK, TOWER A, 15
FLOOR, G K MARG, LOWER PAREL, MUMBAI- 400013, MAHARASHTRA
AND HAVING ONE OF ITS BRANCH OFFICE AT 3RD FLOOR, MAYUR
GARDEN, OPP HDFC BANK, GS ROAD, GUWAHATI 781005, ASSAM
VERSUS
MD AMIR ALI
S/O- LATE NURUL AMIN, R/O- BORBORI, P.O- BELTOLA, PS DHARAMTULI,
PIN- 782412, DIST- MORIGAON, ASSAM
2:LAILA KHATUN
W/O. MD. AMIR ALI
R/O. BORBARI
P/O. BELTALA
P/S. DHARAMTULI
Page No.# 3/5
PIN-782412
DIST. MORIGAON
ASSAM.
3:ARUP DEWRI
S/O. SRI PRAFULLA DEWRI
R/O. AMARAGURI
P/O. BHURAGAON
P/S. BHURAGAON
PIN-782127
DIST. MORIGAON
ASSAM.
4:JATIN BASUMATARY
S/O. D. BASUMATARY
C/O. PRAMOD BORO
R/O. MURKATA
P/O. DURUNG PAHAR
P/S. KHETRI
PIN-782403
DIST. KAMRUP (M0
ASSAM
Advocate for the Petitioner : ALOK KUMAR BHATTACHARYYA, MR. K K BHATRA,MS L
SHARMA
Advocate for the Respondent : MR. A R AGARWALA, MR ADITYA AGARWALA(R-1)
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 24.10.2025
Heard Ms. L. Sharma, learned counsel appearing for the
applicant. Also heard Mr. A. Agarwal, learned counsel appearing for the
respondent No.1.
This interlocutory application is for staying the execution of the
judgment & award dated 26.07.2024, passed by the learned Member,
Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC
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Case No. 2119 of 2019, pending adjudication of the connected appeal.
Ms. L. Sharma, learned counsel appearing for the applicant,
submits that the judgment & award dated 26.07.2024, passed by the
learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M),
Guwahati in MAC Case No. 2119 of 2019, be stayed pending disposal
of the appeal, as the appellant has a strong prima facie case and an
irreparable loss may be caused if the award is executed.
Mr. A. Agarwal, learned counsel appearing for the
claimant/respondent Nos. 1, submits that he has no objection if the
execution of the said award under appeal is stayed; however, the same
be subjected to deposit of 50 % of the awarded amount before the
Registry of this Court within a specified period of time.
Having considered the submissions and materials on record,
this court is of the view that an interim order deserves to be passed in
the interest of justice.
Accordingly, in the interim, there shall be stay of execution of
the impugned judgment & award dated 26.07.2024, passed by the
learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M),
Guwahati in MAC Case No. 2119 of 2019, pending adjudication of the
connected appeal, subject to the condition that the applicant deposit
50 % of the awarded amount before the Registry of this Court within a
period of 6 (six) weeks from today.
Upon such deposit being made, the claimant(s)/respondent(s)
shall be at liberty to apply before the Registry of this court for release
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of the deposited amount and upon such an application being filed, and
after due verification of the identity and entitlement of the
claimant(s)/respondent(s), the Registry shall release the said amount
to the claimant(s)/respondent(s), after obtaining proper
acknowledgment and following due procedure.
The amount, if not claimed or applied for within a reasonable
period, shall be kept in an interest bearing Fixed Deposit in any
Nationalized Bank until further orders of this Court.
The interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
