Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26.08.2026
Case Overview
- Parties: New India Assurance Co Ltd (applicant/insurance company) vs Smti Kanti Devi alias Nitumoni Devi (claimant) and co‑claimants Krishna Shah, Mintu Shah, Nabin Chutia.
- Interlocutory application filed by the insurer seeking a stay of execution of the judgment and award dated 01.10.2024 passed by the Motor Accident Claims Tribunal, Margherita, in MAC Case No. 14/2020.
- The Tribunal had directed the insurer to pay a compensation amount of Rs.17,77,600 together with interest at 9% per annum.
- Counsel for the applicant: Mr. K. K. Bhatta; counsel for the claimants: Mr. S. R. Gogoi.
- Claimants expressed no objection to the stay provided the insurer deposits 50% of the awarded amount.
Observations & Directions
- The court noted the claimants’ lack of objection and consequently waived notice to other opposite parties.
- The interlocutory application is allowed.
- Execution of the impugned judgment and award in MAC Case No. 14/2020 is stayed during the pendency of the connected MAC Appeal No. 436/2026, subject to the insurer depositing 50% of the awarded amount (Rs.8,88,800) with the court registry within six weeks from the date of this order.
- Upon receipt of the deposit, the registry shall, after proper verification, disburse the amount to the claimants, provided they furnish a bond equivalent to the amount to be disbursed.
- The interlocutory application is hereby disposed of.
Final Outcome
- Stay of execution granted, conditional on a 50% deposit by New India Assurance within six weeks; the amount will be released to claimants after verification and bond furnishing.
Topics: Stay of Execution, Motor Accident Compensation, Insurance Litigation