Allowed

National Insurance Company Limited, v. Gita Das and 6 Ors.

Gauhati HC15 Sept 2026I.A.(Civil)/3065/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application by National Insurance Company Limited seeking a stay on the execution of an impugned judgment and award. The stay was granted subject to a condition requiring the deposit of 50% of the awarded amount.

What did the court decide?

Stay of execution of the impugned judgment and award dated 05.02.2026 in MAC Case No. 303/2022, subject to deposit of 50% of the awarded amount within six weeks.

National Insurance Company Limited, Vs Gita Das and 6 Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/6

GAHC010121472026

undefined

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

¶5

Case No. : I.A.(Civil)/3065/2026

¶6

NATIONAL INSURANCE COMPANY LIMITED

¶7

A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT CBD-81 NEW TOWN KOLKATA 700156 AND ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER.

¶8

VERSUS GITA DAS AND 6 ORS WIFE OF LATE BHAKTA DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390. 2:LALITA DAS DAUGHTER OF LATE BHAKTA DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.. 3:KUSHAN DAS SON OF LATE BHAKTA DAS. VILLAGE GOSAIGAON

¶9

Page No.# 2/6

¶10

P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390. 4:CHITIKA RANI DAS WIFE OF AKHIL CHANDRA DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.

¶11

5:AKHIL CHANDRA DAS S/O LATE BHOLARAM DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.

¶12

6:PRAHLLAD SARKAR

¶13

S/O SRI GANESH SARKAR

¶14

R/O VILL. CHOURAGURI P.O. GORAIMARI P.S. DIST. BONGAIGAON ASSAM-783390 (OWNER OF THE VEHICLE.)

¶15

7:DHANANJAY SARKAR S/O SRI GANESH SARKAR VILL. CHOURAGURI P.O. GORAIMARI P.S. DIST. BONGAIGAON ASSAM-783390 (DRIVER OF THE VEHICLE.) -----------Advocate for : Sanchita Roy Advocate for : MR. M KHAN appearing for GITA DAS AND 6 ORS

¶16

Page No.# 3/6

¶17

Main Case : MACApp./476/2026

¶18

NATIONAL INSURANCE COMPANY LIMITED

¶19

A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT CBD-81, NEW TOWN, KOLKATA 700156 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI 781005, REPRESENTED BY ITS CHIEF REGIONAL MANAGER.

¶20

VERSUS

¶21

GITA DAS AND 6 ORS

¶22

WIFE OF LATE BHAKTA DAS. VILLAGE GOSAIGAON, P.O. DAKHIN BIJNI, P.S. MANIKPUR, DISTRICT BONGAIGAON, ASSAM, PIN 783390.

¶23

2:LALITA DAS DAUGHTER OF LATE BHAKTA DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.

¶24

3:KUSHAN DAS

¶25

SON OF LATE BHAKTA DAS. BVILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.

¶26

4:CHITIKA RANI DAS WIFE OF AKHIL CHANDRA DAS VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390

¶27

5:AKHIL CHANDRA DAS SON OF LATE BHOLARAM DAS.VILLAGE GOSAIGAON P.O. DAKHIN BIJNI P.S. MANIKPUR DISTRICT BONGAIGAON ASSAM PIN 783390.

¶28

Page No.# 4/6

¶29

6:PRAHALLAD SARKAR SON OF SRI GANESH SARKAR RESIDENT OF VILLAGE CHOURAGURI P.O. GORAIMARI P.S. DISTRICT BONGAIGAON ASSAM

¶30

PIN 783390 (OWNER OF THE VEHICLE.)

¶31

7:DHANANJAY SARKAR SON OF SRI GANESH SARKAR RESIDENT OF VILLAGE CHOURAGURI P.O. GORAIMARI P.S. DISTRICT BONGAIGAON ASSAM

¶32

PIN 783390 (DRIVER OF THE VEHICLE

¶33

Advocate for the Petitioner : Sanchita Roy, MS DHRITI HAZARIKA

¶34

Advocate for the Respondent : MR. M KHAN, MR. R. AHMED(R1TO5),MS J AKTAR(R1TO5),MR. K R PATGIRI(R6,7),MS. D. DEVI(R6,7),MS. P TALUKDAR

¶35

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

¶36

ORDER

¶37

16.09.2026

¶38

1. Heard Ms. S. Roy, the learned counsel for the applicant. Also heard Mr. M. Khan, the learned counsel for opposite party Nos. 1 to 5 as well as Ms. D. Devi the learned counsel for opposite party Nos. 6 and 7.

¶39

2. This Interlocutory Application has been filed by the applicant Insurance Company in connection with MAC Appeal No. 476/2026, praying for stay of execution of the impugned judgment and award during the pendency of the connected MAC Appeal No. 476/2026.

¶40

3. The learned counsel for the applicant submits that the applicant Insurance Company has impugned the aforesaid judgment and

¶41

Page No.# 5/6

¶42

award in the connected appeal, and same has already been admitted.

¶43

4. She further submits that though the Tribunal has attributed liability to pay compensation on the present applicant Insurance Company, however, it has erred in not taking into consideration that the criminal case which was filed against the driver of the vehicle which has been insured by the present Insurance Company, after one month of the same, final report was submitted, and as such, she submits that impugned judgment may be stayed during the pendency of the connected appeal without imposing any condition.

¶44

5. On the other hand, the learned counsel for the opposite party/ claimants has submitted that the connected appeal has been filed by the applicant Insurance Company without having any valid ground.

¶45

6. He submits that though FR was submitted in the connected criminal case, however, before the Tribunal, the eyewitnesses have deposed regarding the negligence of the driver of the offending vehicle.

¶46

7. He further submits that since appeal has been preferred, the matter has to be considered during final hearing of the connected appeal. He, however, submits that the claimant/opposite party do not have any objection in grant of stay of execution of the impugned judgment and award subject to payment of 50% of the awarded amount by them.

¶47

8. I have considered the submissions made by learned counsel for both sides.

¶48

9. The contention raised by the learned counsel for the applicant and counter to the same given by the learned counsel for the claimant may have to be considered only during the final hearing of the

¶49

Page No.# 6/6

¶50

connected appeal. However, since the appeal has been admitted, the execution of the impugned judgment and award may have to be stayed, and imposing a condition of depositing 50% of the awarded amount for the same appears to be just in the circumstances of this case.

¶51

10. As such, this Interlocutory Application is allowed and the execution of the impugned judgment and award dated 05.02.2026 passed in MAC Case No. 303/2022 is hereby stayed during the pendency of the connected MAC Appeal No. 476/2026, subject to deposit of the 50% of the awarded amount by the Insurance Company before the Registry of this Court within a period of six weeks from the date of this order.

¶52

11. On such deposit being made, the same shall be disbursed to the claimants after proper verification on furnishing of an indemnity bond of amount equivalent to the amount to be disbursed to them.

¶53

12. With the observation, this Interlocutory Application is disposed of.

¶54

JUDGE

¶55

Comparing Assistant

National Insurance Company Limited, v. Gita Das and 6 Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited, v. Gita Das and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases