I.A.(Civil)/1420/2026 of CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED Vs SMTI PUSPA BHARALI AND ORS on 15 September 2026

ORDER

16.09.2026

1. Heard Mr. A. Bhattacharyya, the learned counsel for the applicant. Also heard Mr. M. Talukdar, the learned counsel for opposite party No. 1/claimant as well as Mr. B. U. Laskar, the learned counsel appearing for opposite party No. 6.

2. This Interlocutory Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant Insurance Company in connection with MAC Appeal No. 215/2026, praying for stay of execution of the impugned judgment and award dated 28.10.2024 passed in MAC (Injury) Case No. 63/2016 during the pendency of the connected MAC Appeal No. 215/2026.

3. The learned counsel for the applicant has submitted that the applicant Insurance Company has impugned the aforesaid judgment and award in the connected MAC Appeal No. 215/2026, and the said appeal has already been admitted.

4. He further submits that the applicant Insurance Company has questioned the liability imposed on the applicant to pay compensation to the claimant, as the vehicle which was insured by the present applicant was parked beside the road, and the accident occurred due to a head-on collision between two other vehicles. After collision, one of the vehicles hit the parked vehicle which was insured by the present applicant. As such, the driver of the vehicle, which was insured by the present applicant was not negligent for causing the accident.

5. On the other hand, Mr. M. Talukdar, the learned counsel for the claimant/opposite party, has submitted that the claimant does not have any objection if the impugned judgment and award is stayed during the pendency of the MAC Appeal No. 215/2026, subject to condition that 50% of the awarded amount is deposited by the Insurance Company and same is disbursed to him.

6. He further submits that though the applicant Insurance Company in the connected appeal has denied its liability to pay the compensation, however, in the connected criminal case which was filed after the accident, charge sheet has been laid against the driver of the offending vehicle which was insured by the present Insurance Company. Hence, he submits that the Motor Accident Claims Tribunal was right in attributing the negligence to the driver of the vehicle which was insured by the present applicant.

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

8. The rival contentions regarding correctness of the decision made by the Tribunal by which it attributed the negligence for the accident on the driver of the vehicle which was insured by the present applicant is concerned, same is a question which has to be adjudicated by this Court in the connected appeal after full hearing.

9. However, this Court is of considered opinion that during the pendency of the connected appeal, it would be just and proper if the Insurance Company is directed to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award, and same is also disbursed to the claimant/opposite party.

10. Under such circumstances, the notice to other opposite parties in this Interlocutory Application is waived, and this Interlocutory Application is allowed.

11. The execution of the impugned judgment and award dated 28.10.2024 passed in MAC (Injury) Case No. 63/2016 by the Motor Accident Claims Tribunal, Morigaon shall remain stayed during the pendency of the connected MAC Appeal No. 215/2026, subject to deposit of 50% of the awarded amount by the applicant Insurance Company before the Registry of this Court within a period of six weeks from the date of this order.

12. On such deposit being made by the applicant, the Registry shall disburse the same to the claimant/opposite party after proper identification, subject to furnishing of an indemnity bond equivalent to the amount so disbursed.

13. With the above observations, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant