Citation : 2025 Latest Caselaw 8143 Gua
Judgement Date : 29 October, 2025
Page No.# 1/3
GAHC010156802025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3253/2025
UNITED INDIA INSURANCE CO LTD
HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
DISPUR
GUWAHATI-781005.
VERSUS
MD MOJIBUR RAHMAN ALIAS MOZIBUR ISLAM AND ORS
S/O. LT. ABDUL KADI
2:ESMINA KHATUN
W/O. MD. MAJIBUR RAHMAN
BOTH ARE R/O. VILL.- NO. 1 NARAMATI
BASHTOLA
P/O. DHARAMTUL
P/S. DHARAMTUL
DIST. MORIGAON
ASSAM
PIN-782412
3:MILDA BEGUM
W/O. HASMAT ALI
C/O. N. THAKURIA
HOUSE NO. 10
NARENGI
NOONMATI
GUWAHATI-781020
DIST. KAMRUP (M)
ASSAM
Page No.# 2/3
4:JITUMONI AHMED
S/O. ABDUR RAHMAN
VILL.- HALADHIBARI
P/O. SAPMARI
P/S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782104.
------------
Advocate for : Shantanu pegu
Advocate for : appearing for MD MOJIBUR RAHMAN ALIAS MOZIBUR ISLAM
AND ORS
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
29.10.2025
Heard Mr. A. J. Saikia, learned counsel for the applicant.
2. This is an application filed under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, praying for stay of the operation of the impugned judgment and order dated 27.02.2025, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC (Death) Case No. 09/2017.
3. Since the connected appeal has already been admitted for hearing, the operation of the impugned judgment and order dated 27.02.2025, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC (Death) Case No. 09/2017, shall remain stayed, subject to the condition that the applicant/Insurance Company deposits 50% of the total awarded amount before the Registry of this Court within a period of 4 (four) weeks from today.
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4. With the above directions, the interlocutory application accordingly stands disposed of.
JUDGE
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