Allowed

Generali Central Insurance Company Ltd. v. Kangkan Das and Ors.

Gauhati HC17 Sept 2026I.A.(Civil)/2255/2026

Case brief

AI extract

What is this about?

The Gauhati High Court heard an interim application for a stay on the judgment and award of the Motor Accident Claims Tribunal (MACT), Barpeta. The Court allowed the stay pending the adjudication of the merits of the appeal, conditioned upon the deposit of 50% of the awarded amount by the applicant within six weeks.

What did the court decide?

Stay on the impugned judgment and award dated 30.04.2025 pending the pendency of the appeal, subject to deposit of 50% of the awarded amount within 6 weeks.

Generali Central Insurance Company Ltd. Vs… — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC010234932025

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

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Case No : I.A.(Civil)/2255/2026

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GENERALI CENTRAL INSURANCE COMPANY LTD

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FORMELY KNOWN AS FUTURE GENERALI INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT UNIT 801 AND 802 8TH FLOOR

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TOWER C EMBASSAY 247 PARK L B S MARG

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VIKHROLI (W) MUMBAI 400083 AND ONE OF REGIONAL OFFICES AT 8TH FLOOR BLOCK C

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APPEJAY HOUSE 15 PARK STREET KOLKATA INDIA-700016 AND VARIOUS BRANCHES OFFICES THROUGHOUT THE COUNTRY INCLUDING AT GUWAHATI.

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VERSUS

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KANGKAN DAS AND ORS SON OF PRAHLAD DAS R/O VILL KHAIRABARI KUMARIKATA PS TAMULPUR DIST BAKSA ASSAM PIN 781367

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2:MAINUDDIN AHMED S/O. KOMARUDDIN AHMED R/O. VILL.- DIGIRPAM P/S. BAGHBAR ASSAM PIN-781308

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3:RANABUL ASHIK S/O. ISMAIL HUSSAIN R/O. VILL.- AND P/O. GOREMARI DIST. BARPETA ASSAM PIN-781314 -----------Advocate for : Shantanu pegu Advocate for : appearing for KANGKAN DAS AND ORS

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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Date : 18.09.2026

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The instant application under Order 41 Rule 5 read with Section 151 of the CPC has been filed by the applicants for stay of the impugned judgment and award dated 30.04.2025, passed by the learned Member, MACT, Barpeta, Assam, passed in MAC Case No.55/2023.

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Heard the learned counsel for the applicants and also heard the learned counsel for the respondents.

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The learned counsel for the applicants submits that the applicants have already preferred an appeal against the impugned judgment and award dated 30.04.2025, passed by the learned Member, MACT, Barpeta, Assam, passed in MAC Case No.55/2023 and the said appeal is admitted by this Court.

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In the event that the impugned judgment is not suspended during the pendency of the appeal, the applicant will suffer irreparable loss and injury and the appeal would become infructuous.

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The application is allowed and the impugned judgment tand award dated 30.04.2025, passed by the learned Member, MACT, Barpeta, Assam, passed in MAC Case No.55/2023 shall remain suspended during the pendency of the

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connected appeal subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this Court within 6 weeks from today.

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The I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Generali Central Insurance Company Ltd. v. Kangkan Das and Ors.

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Generali Central Insurance Company Ltd. v. Kangkan Das and Ors.

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