Gauhati High Court

I.A.(Civil)/3504/2026 of THE ORIENTAL INSURANCE CO. LTD. Vs SMT. DIPALI BAISHYA AND 4 ORS on 12 October 2026

GAHC010202862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3504/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI-7. DISTRICT- KAMRUP

GAHC010202862026

undefined

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3504/2026

THE ORIENTAL INSURANCE CO. LTD.

A COMPANY REGISTERED UNDER THE COMPANIES ACT

REPRESENTED BY ITS REGIONAL MANAGER

ULUBARI

GUWAHATI-7. DISTRICT- KAMRUP (M)

ASSAM.

VERSUS

SMT. DIPALI BAISHYA AND 4 ORS

W/O- LATE NRIPENDRA NATH BAISHYA

2:MISS ASMITA BAISHYA

S/O- LATE NRIPENDRA NATH BAISHYA

3:RAMAN BAISHYA

S/O- LATE NRIPENDRA NATH BAISHYA

ALL ARE RESIDENTS OF- VILLAGE- MOROWA P.O.- NALBARI P.S.- NALBARI DISTRICT- NALBARI (ASSAM) PIN CODE- 781028

4:SADEK ALI

S/O- MAMUD ALI R/O- HOUSE NI-18

GOPALNAGAR PATHERKUCHI P.O.- BASISTHA P.S.- BASISTHA DISTRICT- KAMRUP (M)

ASSAM. PIN CODE- 781029 (OWNER OF A VEHICLE BEARING

REGISTRATION NO. AS-01-LC-1944)

5:JAYDAR ALI

S/O- ROJOB ALI R/O- VILLAGE-TOPAJULI P.O.- KALGACHA

P.S.- KALGACHA

DISTRICT- BARPETA

ASSAM. PIN CODE- 786184 (DRIVER OF A VEHICLE BEARING

REGISTRATION NO. AS-01-LC-1944)

Page 1 of 3

------------

Advocate for : MR. S K GOSWAMI

Advocate for : appearing for SMT. DIPALI BAISHYA AND 4 ORS

in

MACApp./538/2026

THE ORIENTAL INSURANCE CO. LTD.

A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7. DISTRICT- KAMRUP (M), ASSAM.

VERSUS

SMT. DIPALI BAISHYA AND 4 ORS

W/O- LATE NRIPENDRA NATH BAISHYA

2:MISS ASMITA BAISHYA

S/O- LATE NRIPENDRA NATH BAISHYA

3:RAMAN BAISHYA

S/O- LATE NRIPENDRA NATH BAISHYA

ALL ARE RESIDENTS OF- VILLAGE- MOROWA

P.O.- NALBARI

P.S.- NALBARI

DISTRICT- NALBARI

(ASSAM) PIN CODE- 781028

4:SADEK ALI

S/O- MAMUD ALI

R/O- HOUSE NI-18

GOPALNAGAR

PATHERKUCHI

P.O.- BASISTHA

P.S.- BASISTHA

DISTRICT- KAMRUP (M)

ASSAM. PIN CODE- 781029

(OWNER OF A VEHICLE BEARING REISTRATION NO. AS-01- LC-1944)

5:JAYDAR ALI

S/O- ROJOB ALI

R/O- VILLAGE-TOPAJULI P.O.- KALGACHA

P.S.- KALGACHA

Page 2 of 3

DISTRICT- BARPETA

ASSAM. PIN CODE- 786184 (DRIVER OF A VEHICLE

BEARING REGISTRATION NO. AS-01-LC-1944

Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MS P

SARMA

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

13.10.2026 [1] Heard Mr. R. Sharma, the learned counsel for the applicant. [2] This interlocutory application has been filed by the applicant/insurance company in connection with MAC Appeal No. 538/2026, praying for stay of execution of the impugned judgment and award dated 16.06.2026, passed in MAC Case No. 548/2024, by the Motor Accident Claims Tribunal No. 2, Kamrup (M) at Guwahati. [3] The learned counsel for the applicant/insurance company submits that the applicant is ready to deposit 50 % of the awarded amount before the Registry of this court as a condition for grant of stay of the impugned judgement and award. As such, notice to the respondents is waived and this interlocutory application is allowed. [4] The execution of the impugned judgment and award dated 16.06.2026, passed in MAC Case No.

548/2024, by the Motor Accident Claims Tribunal No. 2, Kamrup (M) at Guwahati shall remain stayed during the pendency of the connected MAC Appeal No. 538/2026, subject to deposit of 50 % of the awarded amount by the applicant/insurance company before the Registry of this court within a period of 4(four) weeks, from the date of this order.

JUDGE Comparing Assistant

Page 3 of 3

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