Partly allowed

Indusind General Insurance Company Limited v. Banita Deka and 4 Ors.

Gauhati HC13 Sept 2026I.A.(Civil)/2349/2026

Case brief

AI extract

What is this about?

The high court granted a stay on the operation of a Motor Accident Claims Tribunal award against an insurance company, subject to a deposit of 50% of the awarded amount within six weeks.

What did the court decide?

Stay of operation of the impugned judgment and award dated 17.04.2026 passed by the MAC Tribunal, Nalbari, subject to deposit of 50% of the awarded amount.

Indusind General Insurance Company Limited Vs Banita Deka and 4 Ors. — Insurance | Gauhati HC (2026)

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GAHC010139252026

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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) 2349/2026 In MACApp./382/2026

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INDUSIND GENERAL INSURANCE COMPANY LIMITED FORMERLY KNOWN AS RELIANCE GENERAL INSURANCE COMPANY LIM (FORMERLY KNOWN AS RELIANCE GENERAL INSURANCE COMPANY LIMITED)

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HAVING ITS REGISTERED OFFICE AT 19, RELIANCE CENTRE, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND CORPORATE OFFICE AT 570, RECTIFIER HOUSE, NAGAUM CROSS, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA W, MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA, 5TH FLOOR G.S. ROAD, BHANGAGARH GUWAHATI-781005.

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VERSUS

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BANITA DEKA AND 4 ORS. WIFE OF CHATRA DEKA, RESIDENT OF VILLAGE BILPAR, P.O. SATHISAMUKA, P.S. PATACHARKUCHI, DISTRICT- BAJALI, ASSAM, PIN-781355 .RESPONDENT/ CLAIMANT

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2:CHATRA DEKA SON OF BOGORAM DEKA RESIDENT OF VILLAGE BILPAR P.O. SATHISAMUKA P.S. PATACHARKUCHI DISTRICT- BAJALI ASSAM PIN-781355

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3:NISHARANI DEKA DAUGHTER OF CHATRA DEKA RESIDENT OF VILLAGE BILPAR

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P.O. SATHISAMUKA P.S. PATACHARKUCHI DISTRICT- BAJALI ASSAM PIN-781355 4:DIPAK BARMAN SON OF JAGMOHAN BARMAN RESIDENT OF VILLAGE GOBRADAL GARAIMARI P.O. KAITHALKUCHI P.S. TIHU DISTRICT- NALBARI ASSAM PIN-781370 OWNER OF VEHICLE NO.AS-14/C-8805 5:UTPAL KALITA SON OF KIRAN KALITA RESIDENT OF VILLAGE BALI P.O. BALI P.S. TIHU DISTRICT- NALBARI ASSAM PIN-781378 DRIVER OF VEHICLE NO.AS-14/C-880 Advocate for : MR. A J SAIKIA Advocate for : appearing for BANITA DEKA AND 4 ORS.

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– B E F O R E –

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HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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14-09-2026

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Heard Mr. A.J. Saikia, learned counsel for the applicant/ Indusind General Insurance Company Ltd.

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This application has been filed under Order 41 Rule 5 read with Section 151 of the CPC praying for stay of the operation of the impugned judgment and award dated 17.04.2026 passed by the M.A.C. Tribunal, Nalbari, Assam in MAC Case

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No.25/2024 (Death).

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The connected appeal has been admitted today by this Court.

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Learned counsel for the applicant has submitted that good grounds have been taken in the connected appeal and there is every likelihood of the appeal being allowed. Therefore, if the impugned judgment and award is not suspended, the applicant will suffer irreparable loss and injury.

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Having heard the learned counsel for the applicant/Insurance Company and considering the facts and circumstances of the case, the operation of the impugned judgment and award dated 17.04.2026 passed by the M.A.C. Tribunal, Nalbari, Assam in MAC Case No.25/2024 (Death), is hereby stayed subject to the condition that the applicant/Insurance Company shall deposit 50% of the awarded amount before the Registry of this Court within six weeks from today.

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Accordingly, this interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

Indusind General Insurance Company Limited v. Banita Deka and 4 Ors.

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Indusind General Insurance Company Limited v. Banita Deka and 4 Ors.

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