Gauhati High Court
I.A.(Civil)/411/2026 of CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED Vs ANITA DAS ALIAS PRENITA DAS on 10 September 2026
GAHC010255372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/411/2026 CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING NEW NO. 319 OLD NO. 154 2ND
GAHC010255372025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/411/2026
CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING
NEW NO. 319
OLD NO. 154
2ND FLOOR
THAMBU CHETTY
CHENNAI
PIN- 600001
INDIA
ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202
L AND T CHAMBERS
2ND FLOOR
16 CAMAC STREET
KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR
AASTHA PLAZA
BORA SERVICE
G.S. ROAD
GUWAHATI
KAMRUP (M)
ASSAM- 781007 REPRESENTED BY THE DEPUTY MANAGER
LEGAL CLAIMS OF GUWAHATI REGIONAL OFFICE
VERSUS
ANITA DAS ALIAS PRENITA DAS
WIFE OF LATE DIPAK DAS @ DIPOK DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017
2:SWATI DAS
DAUGHTER OF LATE DIPAK DAS @ DIPOK DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
3:BIRAJ DAS
SON OF LATE DIPAK DAS @ DIPOK DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
4:RENU DAS
WIFE OF LATE KARUNA DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
5:CHITTURI VENKATARANGA RAO
CARE OF MANIKONDA NAGA KISHORE
RESIDENT OF DHANA KOTESWARAO ST
VANTHINA DWON
PENAMALURU KRISHNA
ANDHRA PRADESH
PIN CODE- 521139.
6:AMANULLU SHAIK
SON OF S. SHAIK
RESIDENT OF PENAMALURU
VIJAYWADA
ANDHRA PRADESH
PIN CODE-521139
7:HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
REPRESENTED BY GENERAL MANAGER
ADITYAM BUILDING
6TH FLOOR
G.S. ROAD
LACHIT NAGAR
GUWAHATI
KAMRUP (M)
ASSAM
PIN CODE-781007
8:DHAN SHARMA
SON OF LATE KRISHNA SHARMA
RESIDENT OF PATGAON
POST OFFICE- AZARA
POLICE STATION- AZARA
KAMRUP
ASSAM
PIN CODE-781017
------------
Advocate for : Tridib Kalita
Advocate for : MR. A R AGARWALA appearing for ANITA DAS ALIAS PRENITA DAS
Main Case : MACApp./60/2026
CHOLAMANDALM MS GENERAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE
BUILDING, NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY, CHENNAI, PIN- 600001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND
202, L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA- 700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA
PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM- 781007 REPRESENTED BY THE DEPUTY MANAGER, LEGAL CLAIMS OF
GUWAHATI REGIONAL OFFICE
VERSUS
ANITA DAS ALIAS PRENITA DAS
WIFE OF LATE DIPAK DAS @ DIPOK DAS, R/O KALIKUCHI SULTANPARA, P.O.- AZARA, P.S.- AZARA, DIST- KAMRUP, ASSAM, PIN CODE-781017
2:SWATI DAS
DAUGHTER OF LATE DIPAK DAS @ DIPOK DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
3:BIRAJ DAS
SON OF LATE DIPAK DAS @ DIPOK DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
4:RENU DAS
WIFE OF LATE KARUNA DAS
R/O KALIKUCHI SULTANPARA
P.O.- AZARA
P.S.- AZARA
DIST- KAMRUP
ASSAM
PIN CODE-781017. BEING MINOR REPRESENTED BY RESPONDENT NO. 1
5:CHITTURI VENKATARANGA RAO
CARE OF MANIKONDA NAGA KISHORE
RESIDENT OF DHANA KOTESWARAO ST
VANTHINA DWON
PENAMALURU KRISHNA
ANDHRA PRADESH
PIN CODE- 521139.
6:AMANULLU SHAIK
SON OF S. SHAIK
RESIDENT OF PENAMALURU
VIJAYWADA
ANDHRA PRADESH
PIN CODE-521139
7:HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
REPRESENTED BY GENERAL MANAGER
ADITYAM BUILDING
6TH FLOOR
G.S. ROAD
LACHIT NAGAR
GUWAHATI
KAMRUP (M)
ASSAM
PIN CODE-781007
8:DHAN SHARMA
SON OF LATE KRISHNA SHARMA
RESIDENT OF PATGAON
POST OFFICE- AZARA
POLICE STATION- AZARA
KAMRUP
ASSAM
PIN CODE-78101
Advocate for the Petitioner : Tridib Kalita, MR. A KAKATI
Advocate for the Respondent : MR. A R AGARWALA, MD. K ALI,MR ADITYA AGARWALA
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER
11.09.2026
1. Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Mr. A. R. Agarwala, the learned counsel for the opposite party Nos. 1, 2, 3, and 4/claimants.
2. This Interlocutory Application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed by the applicant Insurance Company praying for stay of execution of the impugned judgment and award dated 08.05.2025 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 1711/2022 during the pendency of the connected MAC Appeal No. 60/2026.
3. The learned counsel for the applicant has submitted that the aforesaid judgment and award has been impugned in the connected MAC Appeal No. 60/2026 and the same has already been admitted.
4. Mr. A. R. Agarwala, the learned counsel for the opposite party/claimants, submits that he does not have any objection if the prayer is allowed subject to the deposit of 50% of the awarded amount by the Insurance Company as a condition for grant of stay of the impugned judgment and award.
5. Since the claimants/opposite parties are not opposing the prayer, hence, the notice to other opposite parties in this Interlocutory Application is waived and this Interlocutory Application is allowed.
6. The learned counsel for the applicant, however, submits that since the income of the deceased was assessed by the Tribunal on the basis of a driving license, which was found by the present applicant later on to be a fake document and which they would be praying for production as an additional evidence during the pendency of this appeal, only 40% of the awarded amount may be directed to be deposited.
7. After considering the submissions made by the learned counsel for the both sides, this Court is of consideration that this Interlocutory Application is required to be allowed, subject to deposit of 50% of the awarded amount by the Insurance Company.
8. As such, this Interlocutory Application is allowed and The execution of the impugned judgment and award dated 08.05.2025 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 1711/2022 shall remain stayed during the pendency of the connected MAC Appeal No. 60/2026, subject to the 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.
9. In the event of such deposit, the wife of the deceased, i.e., opposite party No. 1/claimant, may be allowed to withdraw the same amount on behalf of other claimants.
10. The Registry shall disburse the same to claimant No. 1/opposite party after proper verification subject to furnishing of a bond of equivalent amount.
11. This Interlocutory Application is, accordingly, disposed of.
JUDGE
Comparing Assistant