National Insurance Company Ltd vs Kaima Khatoon And 3 Ors
2025 Latest Caselaw 6974 Gua

Gauhati High Court

National Insurance Company Ltd vs Kaima Khatoon And 3 Ors on 3 September, 2025

                                                                       Page No.# 1/4

GAHC010190902025




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

                          Case No. : MACApp./408/2025

         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER,
         GUWAHATI REGIONAL OFFICE.



         VERSUS

         KAIMA KHATOON AND 3 ORS
         W/O. ANWAR HUSSAIN @ ANAVAR HUSSAIN @ ANWAR MIYA, R/O. VILL.-
         DEORIA, DIST. MUZAFFARPUR (BIHAR), PIN-843120

         2:ANWAR HUSSAIN @ ANAVAR HUSSAIN @ ANWAR MIYA
          S/O. LT. JALIL HUSSAIN @ JALEEL HUSSAIN @ MD. JALIL
          R/O. VILL.- DEORIA BADADH
          P/S. DEORIA
          DIST. MUZAFFARPUR
          BIHAR
          PIN-843120

         3:AHADUR RAHMAN
          S/O. LT. MATASIN ALI
          R/O. VILL.- KAMALAPARA
          P/O. UMARPUR
          P/S. BADARPUR
          DIST. KARIMGANJ
         ASSAM
          PIN-788806

         4:JASHIM AHMED
          S/O. HALAL AHMED
          R/O. VILL.- DEORAIL
                                                                   Page No.# 2/4

             WARD NO. 7
             P/S. BADARPUR
             DIST. KARIMGANJ
             ASSAM
             PIN-78880

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : ,




             Linked Case : I.A.(Civil)/2908/2025

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
            MIDDLETON STREET
            KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
            G.S. ROAD
            GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER
            GUWAHATI REGIONAL OFFICE.


             VERSUS

            KAIMA KHATOON AND 3 ORS
            W/O. ANWAR HUSSAIN @ ANAVAR HUSSAIN @ ANWAR MIYA
            R/O. VILL.- DEORIA
            DIST. MUZAFFARPUR (BIHAR)
            PIN-843120

            2:ANWAR HUSSAIN @ ANAVAR HUSSAIN @ ANWAR MIYA
            S/O. LT. JALIL HUSSAIN @ JALEEL HUSSAIN @ MD. JALIL
             R/O. VILL.- DEORIA BADADH
             P/S. DEORIA
             DIST. MUZAFFARPUR
             BIHAR
             PIN-843120

            3:AHADUR RAHMAN
            S/O. LT. MATASIN ALI
            R/O. VILL.- KAMALAPARA
            P/O. UMARPUR
            P/S. BADARPUR
            DIST. KARIMGANJ
                                                                         Page No.# 3/4

           ASSAM
           PIN-788806

           4:JASHIM AHMED
           S/O. HALAL AHMED
           R/O. VILL.- DEORAIL
           WARD NO. 7
           P/S. BADARPUR
           DIST. KARIMGANJ
           ASSAM
           PIN-788806
           ------------
           Advocate for : MR T KALITA
           Advocate for : appearing for KAIMA KHATOON AND 3 ORS



                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

03.09.2025 Learned counsel Mr. T. Kalita is present on behalf of the applicant who is aggrieved by the judgment and order dated 05.06.2025 passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 76/2020. It is submitted that the offending vehicle was plying without permit violating norms.

It is submitted that the applicant has prayed for stay of the impugned judgment and order. It is submitted that there is every possibility that the appeal may succeed.

Considering all aspects, the operation of the impugned judgment and order dated 05.06.2025 passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 76/2020, is stayed until further orders subject to the condition that the applicant/insurer deposits 50% of the awarded compensation before the Registry of this Court within 4 (four) weeks from today. Appellant to take steps to issue notice to the respondents returnable within 4 Page No.# 4/4

(four) weeks.

List accordingly.

JUDGE

Comparing Assistant