Gauhati High Court

I.A.(Civil)/3553/2026 of UNITED INDIA INSURANCE CO. LTD Vs MUSSTT. BASIRON KHATUN AND 6 ORS on 4 October 2026

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GAHC010209602026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3553/2026 UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD

GAHC010209602026

undefined

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3553/2026

UNITED INDIA INSURANCE CO. LTD

HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD

CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD

DISPUR

GUWAHATI-781005

VERSUS

MUSSTT. BASIRON KHATUN AND 6 ORS

WIFE OF MAGDAB ALI @ SARBUL ALI

2:MAGDAB ALI @ SARBUL ALI

SON OF ASHEK ALI

BOTH ARE PERMANENT RESIDENT OF VILLAGE - KHODAIDILA

PS - SOUTH SALMARA

DISTRICT-SOUTH SALMARA MANKACHAR

ASSAM

PIN-783127

BOTH ARE TEMPORARY RESIDENT VILLAGE - NAIKHOWA CHAR

PS - SOUTH SALMARA DISTRICT-SOUTH SALMARA MANKACHAR

ASSAM

PIN- 783127

3:ASMA BEGUM

W/O SAHAB UDDIN AHMED

VILLAGE - JAYPUR

P.O. TULSIBIL

P.S. GOSSAIGAON

DISTRICT - KOKRAJHAR BTC

ASSAM

PIN-783337 OWNER OF VEHICLE NO. AS-16/C-1875 (STAR BUS)

4:THE MANAGER

CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED

AASTHS PLAZA

7TH FLOOR

G.S. ROAD OPPOSITE TO S B ROAD DEORAH COLLEGE ULUBARI

GUWAHATI DISTRICT - KAMRUP ASSAM ASSAM

PIN-781007 (INSURER OF VEHICLE NO. AS-17/C-3073 (TRUCK)

5:MALIKON KHANAM

W/O- IMANNUR HUSSAIN

RESIDENT OF VILLAGE- GOBARDHANPARA

P.S.- BILASIPARA

DIISTRICT- KAMRUP (M)

ASSAM

PIN- 783345 (OWNER OF VEHICLE NO. AS-17/C-3073 (TRUCK)

6:SATTAR ALI

S/O- MEHER ALI

RESIDENT OF VILLAGE- ASHARAKANDI KARTIMARI

P.O. KARTIMARI

P.S. GOSAIGAON

DISTRICT- KOKRAJHAR ASSAM

PIN- 783331 (DRIVER OF VEHICLE NO. AS-16/C-1875 (STAR BUS)

7:RAFIJUL ISLAM

S/O- SOLEMAN SHEIKH

RESIDENT OF VILLAGE- BANUMITOLA

P.O. DHANTALA

DISTRICT- BONGAIGAON ASSAM

PIN- 783380

(DRIVER OF VEHICLE NO. AS-17/C-3073 (TRUCK)

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

Advocate for : MR. A J SAIKIA

Advocate for : appearing for MUSSTT. BASIRON KHATUN AND 6 ORS

BEFORE

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

Date : 05.10.2026

Learned counsel Mr. A.J. Saikia is present for the Insurance Company/applicant.

2. The Insurance Company is aggrieved by the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021 as the entire liability has been imposed on the applicant/Insurance Company, whereas this is a case where the Insurance Company cannot be held solely liable. The applicant has prayed to stay the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021.

3. It appears that the operation of the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021, may be stayed.

4. Considering the submissions at the bar, the operation of the impugned Judgment and Award dated 25.06.2026 passed by the learned Member, MACT, Barpeta in connection with MAC Case No. 125/2021, is stayed until further orders, subject to the condition that the Insurance Company deposits 50% of the awarded amount within six weeks before the Registry of this Court.

5. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant

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