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Gauhati High Court
New India Assurance Company Limited vs Smti Monjula Kachari on 2 April, 2026
Page No.# 1/6
GAHC010038362026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/956/2026
NEW INDIA ASSURANCE COMPANY LIMITED
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
GUWAHATI, STARCITY COMPLEX, G. S. ROAD, LACHITNAGAR,
GUWAHATI - 781 007 REPRESENTED BY THE MANAGER , GAUHATI
REGIONAL OFFICE, LACHITNAGAR, GUWAHATI - 781007.
VERSUS
SMTI MONJULA KACHARI
W/O SRI PUTUL KACHARI, R/O VILLAGE - ROWDUAR POTHAR GAON, P.O.
- NUMALIGARH, P.S. - BOKAKHAT, DISTRICT - GOLAGHAT, ASSAM. PIN-
785615
2:RAJA KALITA
S/O RAMEN KALITA
VILL.- HALMIRA DHANSIRIPAR GAON
P.O. AND P.S.- GOLAGHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785702.
3:SURENDRA KAMP
S/O ANIL KAMP
R/O BOKAKHAT TOWN
P.O. AND P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785612.
4:THE MANAGER
Page No.# 2/6
UNITED INDIA INSURANCE CO. LTD.
GOLAGHAT BRANCH
THANA CHARIALI
DIST.- GOLAGHAT
ASSAM
PIN- 785621
Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
Advocate for the Respondent : ,
Linked Case : MACApp./85/2024
NEW INDIA ASSURANCE COMPANY LIMITED
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI
STARCITY COMPLEX
G.S. ROAD
LACHITNAGAR
GUWAHATI- 781007
REP. BY THE MANAGER
GAUHATI REGIONAL OFFICE
LACHITNAGAR
GUWAHATI- 781007.
VERSUS
MONJULA KACHARI AND ORS. E
W/O PUTUL KACHARI
VILL.- ROWDUAR POTAHR GAON
P.O.- NUMALIGARH
P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785615.
2:RAJA KALITA
S/O RAMEN KALITA
VILL.- HALMIRA DHANSIRIPAR GAON
P.O. AND P.S.- GOLAGHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785702.
Page No.# 3/6
3:SURENDRA KAMP
S/O ANIL KAMP
R/O BOKAKHAT TOWN
P.O. AND P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785612.
4:THE MANAGER
UNITED INDIA INSURANCE CO. LTD.
GOLAGHAT BRANCH
THANA CHARIALI
DIST.- GOLAGHAT
ASSAM
PIN- 785621.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. M DUTTA (R-1) appearing for MONJULA KACHARI AND ORS.
E
Linked Case :
MONJULA KACHARI
VERSUS
NEW INDIA ASSURANCE COMPANY LTD AND 3 ORS F
------------
Advocate for : MR. M DUTTA
Advocate for : appearing for NEW INDIA ASSURANCE COMPANY LTD AND 3
ORS F
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 02.04.2026
1. Heard Ms. R. D. Mozumdar, the learned counsel for the
applicant/appellant. Also heard Mr. M. Dutta, the learned counsel for
the opposite party No. 1/claimant.
2. This Interlocutory Application has been field by the
applicant praying for stay of the execution of judgment and award
dated 08.08.2022 passed by the Motor Accident Claims Tribunal,
Golaghat in MAC Case No. 101/2017 during the pendency of the
connected MAC Appeal No. 85/2024.
3. The learned counsel for the applicant has submitted that
the applicant has impugned the aforesaid judgment and award in
the connected appeal. The said appeal has already been admitted by
this Court.
4. She further submits that in some other cases, arising out
of the same accident, the liability of paying the compensation has
been fixed on the other Insurance Company, i.e., United India
Insurance Company Limited.
5. She further submits that since the accident occurred due
to head and collision between two vehicles, there is every possibility
in the connected appeal that liability to pay compensation by the
present applicant may be decreased to the extent of less than 50%.
6. She, therefore, submits that if this Court intends to impose
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a condition for grant of stay, the Insurance Company/applicant is
ready to deposit 25% of the awarded amount.
7. She further submits that in the connected appeal, the
applicant has also questioned the quantum of the compensation
awarded to the respondent/claimant.
8. On the other hand, the learned counsel for the respondent
No.1/claimant submits that he does not have any objection to the
prayer for stay of the execution of the impugned judgment and
award, if the Insurance Company deposit 50% of the awarded
amount, as a condition of stay of execution of the impugned
judgment and award.
9. Since the respondent No.1 has conditionally conceded to
the prayer of the applicant, the notice to other respondents is
waived.
10. I have considered the submissions made by learned counsel
for both sides.
11. After considering the materials on record, including the
Memo of Appeal of the connected appeal filed by the applicant, this
Court is of the considered opinion that the interest of justice would
be served if the prayer for stay during the pendency of the
connected MAC Appeal No. 85/2024 is allowed.
12. However, the same is subject to payment of 50% of the
awarded amount by the applicant/ Insurance Company.
13. Accordingly, the judgment and award dated 08.08.2022
passed in MAC Case No. 101/2017 by the Motor Accident Claims
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Tribunal, Golaghat, is hereby stayed, subject to deposit of 50% of
the awarded amount by the Insurance Company/applicant before
the Registry of this Court within a period of six weeks from the date
of this order.
14. In the event of deposit of such amount by the Insurance
Company, the same shall be disbursed to the claimant/respondent
No.1 after proper verification by the Registry, subject to submission
of indemnity bond, that in the event the appellant is found to be
liable to pay a lesser amount than that of 50% of the awarded
amount, the remaining amount shall be refunded by the claimant to
the insurance company.
15. This Interlocutory Application is accordingly, disposed of.
JUDGE
Comparing Assistant
