Allowed

Oriental Insurance Company Ltd. v. Sabina Yeasmin Barbhuiya Alias Sabana Alias Sarbin

Gauhati HC13 Sept 2026I.A.(Civil)/2732/2026

Case brief

AI extract

What is this about?

The High Court allowed an interim application by an insurance company seeking a stay on the execution of a motor accident compensation award. The stay is granted subject to the deposit of 50% of the awarded amount with interest.

What did the court decide?

Stay of execution of the impugned judgment/award granted subject to deposit of 50% of the awarded amount with accrued interest.

Oriental Insurance Company Ltd. Vs Sabina Yeasmin Barbhuiya Alias… — Insurance | Gauhati HC (2026)

Page No.# 1/4

GAHC010131352025

undefined

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

¶5

Case No. : I.A.(Civil)/2732/2026

¶6

ORIENTAL INSURANCE COMPANY LTD

¶7

A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781 007 REPRESENTED BY THE ASSISTANT MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI 781007

¶8

VERSUS

¶9

SABINA YEASMIN BARBHUIYA ALIAS SABANA ALIAS SARBIN

¶10

D/O MD. RAFIQUE AHMED BARBHUIYA R/O VILLAGE - KANCHANPUR PT. - II P.O. - KANCHANPUR P.S. - HAILAKANDI DISTRICT - HAILAKANDI ASSAM. PIN 788152

¶11

2:BISHNU DEB SHARMA ALIAS BISHNU DEB SHARMA CHOUDHURY

¶12

S/O. LATE BROJO KANTA SHARMA ALIAS BROJO KANTA SHARMA CHOUDHURY R/O. VILLAGE - TUPKANA P.O. P.S. - HAILAKANDI DISTRICT - HAILAKANDI ASSAM. PIN 788151

¶13

3:BAHARUL ISLAM MAZUMDER

¶14

Page No.# 2/4

¶15

S/O. ABDUL KHALIQUE MAZUMDER R/O. VILLAGE - KANCHANPUR P.O. - RATAKANDI P.S. - HAILAKANDI DISTRICT - HAILAKANDI ASSAM. PIN 788152

¶16

4:ABUL HUSSAIN LASKAR S/O. ABDUL SATTAR LASKAR R/O. VILLAGE - JALALPUR P.O. - CHANDRAPUR P.S. - LALA DISTRICT - HAILAKANDI ASSAM. PIN 788163

¶17

5:THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD CLUB ROAD CAPITAL TRAVEL BUILDING SILCHAR P.O. P.S. - SILCHAR DISTRICT - CACHAR ASSAM. PIN - 78800

¶18

-----------Advocate for : MS. R D MOZUMDAR Advocate for : S K PODDAR(R1) appearing for SABINA YEASMIN BARBHUIYA ALIAS SABANA ALIAS SARBIN

¶19

in MACAppeal Case No. 7578/2025,

¶20

BEFORE

¶21

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

¶22

ORDER

¶23

14.09.2026

¶24

[1] Heard Ms. R.D. Mozumdar, the learned counsel for the applicant. Also heard Mr. S.K. Poddar, the learned counsel for the respondent No. 1/claimant as well as Ms. M. Choudhury, the learned counsel for the respondent No. 5.

¶25

[2] This interlocutory application under Order XLI

¶26

Page No.# 3/4

¶27

Rule 5 of Code of Civil Procedure, 1908 has been preferred by applicant/insurance company in connection with MAC Appeal No. 7578/2025, praying for stay of execution of the impugned judgment and award dated 03.08.2024, passed in MAC Case No. 95/2018 by the learned MACT No. II, Hailakandi during the pendency of the connected MAC Appeal No. 7578/2025.

¶28

[3] The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned by the applicant/insurance company in the connected appeal and the said appeal has already been admitted. She further submits that the applicant/insurance company is also agreeable to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award. Since the applicant is mainly aggrieved with the quantum of compensation awarded to the claimant.

¶29

[4] The prayer is not opposed to by the learned counsel for the claimants/opposite parties as well as the learned counsel for the opposite party No. 5. Hence, notice to the other parties is waived in this interlocutory application and this interlocutory application is allowed.

¶30

[5] The execution of the impugned judgment and award dated 03.08.2024, passed in MAC Case No.

¶31

Page No.# 4/4

¶32

95/2018 by the learned MACT No. II, Hailakandi shall remain stayed during the pendency of the connected MAC Appeal No. 7578/2025, subject to deposit of 50% of the awarded amount with accrued interest by the applicant/insurance company before the MACT No. II, Hailakandi.

¶33

[6] On such deposit being made, same shall be disbursed to the claimants/opposite party No. 1 by the said Tribunal after proper verification.

¶34

[7] This interlocutory application is, accordingly, disposed of.

¶35

JUDGE

¶36

Comparing Assistant

Oriental Insurance Company Ltd. v. Sabina Yeasmin Barbhuiya Alias Sabana Alias Sarbin

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. v. Sabina Yeasmin Barbhuiya Alias Sabana Alias Sarbin

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases