Gauhati High Court
I.A.(Civil)/538/2025 of MAGMA HDI GENERAL INSURANCE CO. LTD. Vs MOON SAIKIA AND ORS on 29 September 2026
GAHC010030232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./53/2025 MAGMA HDI GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR, F-FORT,
GAHC010030232025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./53/2025
MAGMA HDI GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
STREET, KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR, F-FORT, SOUTH SARANIA, ULUBARI, G.S. ROAD, GUWAHATI-781007.
VERSUS
MOON SAIKIA AND 6 ORS
W/O. LT. LUHIT SAIKIA
2:PRIYAKHI SAIKIA
D/O. LT. LUHIT SAIKIA
3:ANKUR SAIKIA
S/O. LT. LUHIT SAIKIA
4:JUNU SAIKIA
W/O. SRI DUGDHA SAIKIA
ALL ARE R/O. VILL.- GORIA BORPATHAR
DIST. GOLAGHAT
ASSAM
PIN-785619.
RESPONDENT NO. 3 BEING MINOR IS REP. BY HIS MOTHER I.E.
RESPONDENT NO. 1
5:TANUJA GOWALA
W/O. SRI PRAKASH GOWALA
R/O. VILL.- GERIGAON
Page No.# 2/4
P/O. AND P/S. KAMARGAON
DIST. GOLAGHAT
PIN-785619.
6:MUHIT KANU
S/O. SRI MANTU KANU
R/O. VILL.- BONGAON
P/O. BONGAON
P/S. DERGAON
DIST. GOLAGHAT
PIN-785611
7:DUGDHA SAIKIA
VILL. GORIA BORPATHAR
DIST. GOLAGHAT
ASSAM
PIN-785619
Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI
Advocate for the Respondent : MR. A BHATTACHARYYA (R-1 TO 4), MS U DAS(R-5),MS. P
BARUAH (R-5),MS. SUDAKSHINA K.(R-5),MR. S SINGH (R-1 TO 4)
Linked Case : I.A.(Civil)/538/2025
MAGMA HDI GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR
F-FORT
SOUTH SARANIA
ULUBARI
G.S. ROAD
GUWAHATI-781007.
VERSUS
MOON SAIKIA AND ORS
W/O. LT. LUHIT SAIKIA
2:PRIYAKHI SAIKIA
D/O. LT. LUHIT SAIKIA
3:ANKUR SAIKIA
S/O. LT. LUHIT SAIKIA
4:JUNU SAIKIA
W/O. SRI DUGDHA SAIKIA
ALL ARE R/O. VILL.- GORIA BORPATHAR
DIST. GOLAGHAT
ASSAM
PIN-785619.
RESPONDENT NO. 3 BEING MINOR IS REP. BY HIS MOTHER I.E.
RESPONDENT NO. 1
5:TANUJA GOWALA
W/O. SRI PRAKASH GOWALA
R/O. VILL.- GERIGAON
P/O. AND P/S. KAMARGAON
DIST. GOLAGHAT
PIN-785619.
6:MUHIT KANU
S/O. SRI MANTU KANU
R/O. VILL.- BONGAON
P/O. BONGAON
P/S. DERGAON
DIST. GOLAGHAT
PIN-785611
7:DUGDHA SAIKIA
VILL. GORIA BORPATHAR
DIST. GOLAGHAT
ASSAM
PIN-785619.
------------
Advocate for : MS. M SAIKIA
Advocate for : appearing for MOON SAIKIA AND ORS
Page No.# 4/4
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 30.09.2026 Heard Mr. R. Goswami, learned counsel for the applicant. Also heard Ms. P. Baruah, learned counsel for respondent no.5. The main appeal stands admitted, TCR has been received and directed to be posted for hearing in usual course. Vide order dated 28.02.2025, the impugned judgment and award dated 10.12.2024 passed by the learned Member MACT No. 2, Kamrup(M) in MAC Case No. 132/2023 was stayed till today. The learned counsel for the applicant submits the insurance company is agreeable to pay 50% of the awarded amount before the Registry. By accepting the same prayer, the applicant/appellant insurance company, shall deposit 50% of the awarded amount before the Registry of this Court. Thereafter, the same may be disbursed to the claimants/ respondents and they may be allowed to receive the same upon usual formalities and verification. Further, in the aforesaid facts and circumstances, the impugned judgment and award dated 10.12.2024 passed by the learned Member MACT No. 2, Kamrup(M) in MAC Case No. 132/2023, shall remain stayed till the disposal of the appeal. The IA stands disposed of. JUDGE Comparing Assistant