Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26 August 2026
Case Overview
- Parties: Applicant – New India Assurance Co Ltd (registered office Mumbai, regional office Guwahati). Opposite parties – Nitu Devi Giri and six others (including Priya Kumari, Bibek Kumar Giri, Tanu Kumari Giri, Nabin Chutia, Friends Transport and Agency represented by Uma Shankar Singh, Deep Dey) residing in various locations in Assam.
- Proceedings: Interlocutory application filed in I.A.(Civil)/2863/2026 seeking stay of execution of the judgment and award dated 18 July 2024 passed by the Motor Accident Claims Tribunal, Margherita, in MAC Case No. 12/2020.
- Award Details: Compensation amount of Rs 17,02,000/- with interest at 9% per annum.
- Applicant’s Position: The insurance company has appealed the award through MAC Appeal No. 456/2026 and is willing to deposit 50 % of the awarded amount before the Court Registry as a condition for the stay.
- Claimants’ Position: Claimants, represented by counsel S. R. Gogoi, have no objection to the stay provided the 50 % deposit condition is met.
Order
- The Court waives notice to other opposite parties as they have not objected.
- Execution of the impugned judgment and award in MAC Case No. 12/2020 is stayed pending the outcome of MAC Appeal No. 456/2026.
- The stay is conditioned upon the applicant depositing 50 % of the awarded amount (i.e., Rs 8,51,000) with the Court Registry within six weeks from the date of this order.
- Upon deposit, the Registry shall verify the amount and disburse it to the claimants after they furnish a bond equivalent to the amount to be released.
- The interlocutory application is disposed of accordingly.
Final Outcome
- Execution of the Rs 17.02 million compensation award is stayed pending appeal, subject to a 50 % deposit within six weeks and the furnishing of an equivalent bond by the claimants.
Topics: Legal Stay, Insurance Compensation