Gauhati High Court
I.A.(Civil)/376/2026 of ORIENTAL INSURANCE COMPANY LTD Vs KAHINUR BIBI @ KOHINUR AND 2 ORS. on 10 February 2026
GAHC010020572026 2026:GAU-AS:1872 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/376/2026 ORIENTAL INSURANCE COMPANY LTD ( A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI - 781 007
GAHC010020572026
2026:GAU-AS:1872
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/376/2026
ORIENTAL INSURANCE COMPANY LTD
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI - 781 007 REPRESENTED BY
THE MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI - 781007
VERSUS
KAHINUR BIBI @ KOHINUR AND 2 ORS.
M/O LATE SK. NOOR, R/O VILLAGE - ATGAMA, P.O. - BAHARAL, P.S. - RATUWA, DISTRICT - MALDA, WEST BENGAL. PIN -732205
2:BHAGWAN JADAV
(DRIVER)
S/O RAM ASARI JADAV
R/O. -7/140
BLOCK NO. 7
TILOKPURI
EAST DELHI
P.O. - TRILOK PURI
DELHI
PIN-110091
3:NAROTTAM MAZUMDAR
(OWNER)
S/O M MAZUMDAR
C/O - P. K. R. CHOUDHURY
R/O - MAIDAN GAON
BAKRAPARA
GUWAHATI
P.O. AND P.S. - BASISTHA
DISTRICT - KAMRUP (M)
ASSAM PIN - 78102
Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 11.02.2026 Heard Mr. T. Kalita, learned counsel appearing for the applicant. By way of this application under Order XLI Rule V of the Code of Civil Procedure, 1908, the applicant is seeking for stay of the operation of the impugned judgment & award dated 03.11.2025 passed by the learned Member, Motor Accident Claims Tribunal, No. 3, Kamrup (M), Guwahati, in MAC Case No. 1066/2018. Having heard the learned counsel for the applicant and having found prima facie case, the accompanying appeal being already admitted for hearing, pending adjudication thereof, there shall be stay of execution of the impugned award, subject to the condition that the appellant deposits 50 % of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from today. Upon such deposit being made, the claimant shall be at liberty to approach the Registry of this Court by filing an appropriate application for release of the deposited amount. Upon such application being made, and after due verification of the identity and entitlement of the applicant, the Registry shall in accordance with law, release the deposited amount to the claimant after obtaining proper acknowledgment. The interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant