Allowed

Hdfc Ergo General Insurance Company Limited v. Smt Chumati Daimari and 2 Ors.

Gauhati HC15 Sept 2026I.A.(Civil)/2980/2026

Case brief

AI extract

What is this about?

In an interim application (Civil), the Gauhati High Court allowed a stay of the judgment and award dated 29.05.2026 passed by the MACT Udalguri in a motor accident compensation case, conditioned upon the applicant depositing 50% of the awarded amount within six weeks.

What did the court decide?

Stay of the judgment and award dated 29.05.2026 in MAC (D) Case No. 07/2023 until the disposal of the appeal, subject to the deposit of 50% of the awarded amount within six weeks.

Hdfc Ergo General Insurance Company Limited Vs Smt Chumati Daimari… — Insurance | Gauhati HC (2026)

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GAHC010180652026

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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)/2980/2026

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HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR HDFC HOUSE 165-166 BACKDAY RECLAMATION H.T. PAREKH MARG CHURCHGATE MUMBAI400020 MAHARASHTRA ITS ZONAL OFFICE AT FOURTH FLOOR BLOCK-C 22 CAMAC STREET KOLKATA 700016 AND THE BRANCH IS AT ADITYAM TOWER 6TH FLOOR ULUBARI G.S ROAD GUWAHATI KAMRUP (M) ASSAM IS REP. BY ITS DEPUTY MANAGER LITIGATION DEPARTMENT AND T.P. CLAIMS.

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VERSUS SMT CHUMATI DAIMARI AND 2 ORS. WIFE OF LATE BHABEN DAIMARI RESIDENT OF VILLAGE- ROWTA PATHAR POST OFFICE- ROWTA POLICE STATION- ROWTA DISTRICT- UDALGURI ASSAM PIN CODE-784508 CLAIMANTS

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2:MANJIT DAIMARI SON OF PRAMUD DAIMARI RESIDENT OF VILLAGE- NO. 3 BORIGAON POST OFFICE MAZKHUTI POLICE STATION- ROWTA DISTRICT- UDALGURI ASSAM PIN CODE-784509 OWNER OF THE VEHICLE NO. AS 06/AA4595 MOTOR CYCLE

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3:NAYANJIT BASUMATARY SON OF LATE BUTMAL BASUMATARY RESIDENT OF VILLAGE- HATIGARH POLICE STATION- ROWTA POST OFFICE- ROWTA DISTRICT- UDALGURI BTAD ASSAM PIN CODE-784524 DRIVER OF THE VEHICLE BEARING NO. AS-27/D-1178 MOTOR CYCLE

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-----------Advocate for : MR T KALITA Advocate for : appearing for SMT CHUMATI DAIMARI AND 2 ORS.

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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16.09 . 2026

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Heard Mr. T. Kalita, learned counsel appearing for the applicant.

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2. The instant application has been preferred by the applicant praying for stay of the impugned judgment dated 29.05.2026 passed by the learned Member, MACT Udalguri in MAC (D) Case No.07/2023.

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3. It is the submission of the learned counsel for the applicant that the present MAC Appeal has been preferred against the judgment and order dated 29.05.2026 passed by the learned Member, MACT, Udalguri, in MAC (D) Case No. 07/2023.

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4. He submits that the said MAC Appeal has already been admitted by this Court and that unless the impugned judgment and award is suspended during the pendency of the appeal, irreparable loss and injury would be caused to the applicant herein.

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5. The Court has considered the submission of the learned counsel and the application is allowed by staying the impugned judgment and award dated 29.05.2026 passed in MAC (D) Case No. 07/2023 till the disposal of the appeal, subject to the condition that the applicant deposits 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from today.

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6. I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Hdfc Ergo General Insurance Company Limited v. Smt Chumati Daimari and 2 Ors.

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Hdfc Ergo General Insurance Company Limited v. Smt Chumati Daimari and 2 Ors.

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