Gauhati High Court
I.A.(Civil)/2732/2026 of ORIENTAL INSURANCE COMPANY LTD Vs SABINA YEASMIN BARBHUIYA ALIAS SABANA ALIAS SARBIN, on 13 September 2026
GAHC010131352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2732/2026 ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI - 781 007 REPRESENTED BY
GAHC010131352025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2732/2026
ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
GUWAHATI
G.S. ROAD
ULUBARI
GUWAHATI - 781 007 REPRESENTED BY THE ASSISTANT MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI 781007
VERSUS
SABINA YEASMIN BARBHUIYA ALIAS SABANA ALIAS SARBIN
D/O MD. RAFIQUE AHMED BARBHUIYA
R/O VILLAGE - KANCHANPUR PT. - II
P.O. - KANCHANPUR
P.S. - HAILAKANDI
DISTRICT - HAILAKANDI
ASSAM. PIN 788152
2:BISHNU DEB SHARMA ALIAS BISHNU DEB SHARMA CHOUDHURY
S/O. LATE BROJO KANTA SHARMA ALIAS BROJO KANTA SHARMA
CHOUDHURY
R/O. VILLAGE - TUPKANA
P.O. P.S. - HAILAKANDI
DISTRICT - HAILAKANDI
ASSAM. PIN 788151
3:BAHARUL ISLAM MAZUMDER
S/O. ABDUL KHALIQUE MAZUMDER
R/O. VILLAGE - KANCHANPUR
P.O. - RATAKANDI
P.S. - HAILAKANDI
DISTRICT - HAILAKANDI
ASSAM. PIN 788152
4:ABUL HUSSAIN LASKAR
S/O. ABDUL SATTAR LASKAR
R/O. VILLAGE - JALALPUR
P.O. - CHANDRAPUR
P.S. - LALA
DISTRICT - HAILAKANDI
ASSAM. PIN 788163
5:THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD
CLUB ROAD
CAPITAL TRAVEL BUILDING
SILCHAR
P.O. P.S. - SILCHAR
DISTRICT - CACHAR
ASSAM. PIN - 78800
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Advocate for : MS. R D MOZUMDAR
Advocate for : S K PODDAR(R1) appearing for SABINA YEASMIN BARBHUIYA
ALIAS SABANA ALIAS SARBIN
in
MACAppeal Case No. 7578/2025,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER
14.09.2026 [1] Heard Ms. R.D. Mozumdar, the learned counsel for the applicant. Also heard Mr. S.K. Poddar, the learned counsel for the respondent No. 1/claimant as well as Ms. M. Choudhury, the learned counsel for the respondent No. 5. [2] This interlocutory application under Order XLI
Rule 5 of Code of Civil Procedure, 1908 has been preferred by applicant/insurance company in connection with MAC Appeal No. 7578/2025, praying for stay of execution of the impugned judgment and award dated 03.08.2024, passed in MAC Case No. 95/2018 by the learned MACT No. II, Hailakandi during the pendency of the connected MAC Appeal No. 7578/2025. [3] The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned by the applicant/insurance company in the connected appeal and the said appeal has already been admitted. She further submits that the applicant/insurance company is also agreeable to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award. Since the applicant is mainly aggrieved with the quantum of compensation awarded to the claimant. [4] The prayer is not opposed to by the learned counsel for the claimants/opposite parties as well as the learned counsel for the opposite party No. 5. Hence, notice to the other parties is waived in this interlocutory application and this interlocutory application is allowed. [5] The execution of the impugned judgment and award dated 03.08.2024, passed in MAC Case No.
95/2018 by the learned MACT No. II, Hailakandi shall remain stayed during the pendency of the connected MAC Appeal No. 7578/2025, subject to deposit of 50% of the awarded amount with accrued interest by the applicant/insurance company before the MACT No. II, Hailakandi. [6] On such deposit being made, same shall be disbursed to the claimants/opposite party No. 1 by the said Tribunal after proper verification. [7] This interlocutory application is, accordingly, disposed of.
JUDGE Comparing Assistant