Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 06.11.2026

Case Overview

  • Parties: National Insurance Co. Ltd (petitioner) vs. Parbati Sutradhar, Bandita Sutradhar, Nikhil Sutradhar, Moslem Uddin, Md Gaher Ali Khandakar (respondents).
  • Application: Filed under Section 173 of the Motor Vehicles Act, 1988, read with Order XLI Rule 5 and Section 151 of the CPC, 1908, seeking a stay of the operation and execution of the Judgment and Award dated 03.01.2026 passed by the learned MACT, Dhubri in MAC Case No. 20/2022.
  • Delay: The petitioner explained the delay, which the Court found satisfactorily explained and consequently condoned.
  • Notice to Respondent No.2: The Court held that issuing notice to respondent No.2 would be a sheer waste of time and therefore declined to do so.

Order

  • The connected MAC appeal shall be registered and listed for an admission hearing.
  • The operation of the Judgment and Award dated 03.01.2026 shall remain stayed until the disposal of the connected appeal.
  • The interlocutory application is disposed of.

Final Outcome

  • The MACT award remains stayed pending the outcome of the connected appeal; no further notice to respondent No.2; the interlocutory application is dismissed.

Judge: Justice Parthivjyoti Saikia

Topics: Stay Order, Insurance, Court Proceedings