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

Cites 0, Cited by 0

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

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 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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead