Gauhati High Court
I.A.(Civil)/2603/2026 of HDFC ERGO GENERAL INSURANCE COMPANY LIMITED Vs JUNU NENDING on 15 September 2026
GAHC010073002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/2603/2026 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
GAHC010073002026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/2603/2026
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
MUMBAI-400020
MAHARASHTRA
ITS ZONAL OFFICE AT FOURTH FLOOR
BLOCK-C
22 CAMAC STREET
KOLKATA
700016 AND THE BRANCH O
VERSUS
JUNU NENDING
WIFE OF NENDING TATUNG
RESIDENT OF NAMSAI CIRCLE
LOHIT
PIN CODE- 732103 PRESENT RESIDENT OF- WARD NO. 13
BONGAIGAON
POST OFFICE- BONGAIGAON
DISTRICT- BONGAIGAON
ASSAM
PIN CODE783380
2:NENDING TATUNG
SON OF LATE PUGANG NENDING
RESIDENT OF HARI
POST OFFICE- ZIRO
POLICE STATION- ZIRO
Page No.# 2/3
DISTRICT- LOWER SUBANSIRI
ARUNACHAL PRADESH
PIN CODE- 791120
------------
Advocate for : Tridib Kalita
Advocate for : appearing for JUNU NENDING
Linked Case :Case No. : MFA/64/2026
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, MUMBAI-400020, MAHARASHTRA, ITS ZONAL OFFICE
AT FOURTH FLOOR, BLOCK-C, 22 CAMAC STREET, KOLKATA, 700016
AND THE BRANCH O
VERSUS
JUNU NENDING
WIFE OF NENDING TATUNG, RESIDENT OF NAMSAI CIRCLE, LOHIT, ARUNACHAL PRADESH, PIN CODE- 732103 PRESENT RESIDENT OF- WARD NO. 13, BONGAIGAON, POST OFFICE- BONGAIGAON, DISTRICT- BONGAIGAON, ASSAM, PIN CODE783380
2:NENDING TATUNG
SON OF LATE PUGANG NENDING
RESIDENT OF HARI
POST OFFICE- ZIRO
POLICE STATION- ZIRO
DISTRICT- LOWER SUBANSIRI
PIN CODE- 79112
Advocate for the Petitioner : Tridib Kalita, Advocate for the Respondent : MR. M KHAN, MS J AKTAR (R1),MR. R. AHMED
(R1)
Page No.# 3/3
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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ORDER
Date : 16.09.2026 Heard Mr. T Kalita, the learned counsel appearing for the applicant. Also heard Mr. M Khan, the learned counsel appearing for the respondent No.1.
2. This application has been filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and order dated 16.12.2025 passed by the learned Commissioner for Employee’s Compensation, Bongaigaon in E.C. Case No.12/2025.
3. Mr. M Khan submits that the respondent No.1 is the mother of the deceased, whereas the respondent No.1 was the father of the deceased and he died some time back. Now, only the mother remains alive.
4. Mr. T Kalita submits that the vehicle was in the name of the deceased-respondent No.2 and the respondent No.1 being his wife may inherit the vehicle.
5. Considering all these facts, this Court is of the opinion that till disposal of the appeal, the operation of the impugned judgment and order dated 16.12.2025 passed by the learned Commissioner for Employee’s Compensation, Bongaigaon in E.C. Case No.12/2025 shall remain stayed subject to deposit of 50% of the awarded amount in the Registry of this Court within next four weeks.
6. Upon deposit of the indemnity bond, the respondent No.1 will be at liberty to withdraw the aforesaid amount. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant