Gauhati High Court
Icici Lombard General Insurance ... vs Raki Sinha @ Raki Singha @ Rakhi And ... on 29 July, 2022
Page No.# 1/3
GAHC010092532022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2133/2022
ICICI LOMBARD GENERAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE
414
NEAR SIDDHI VINAYAK TEMPLE
VEER SAVARKAR MARG
PRABHADEVI
MUMBAI 400025 AND ITS BRANCH OFFICE AT 3RD FLOOR
KAMAKHYA TOWER
GS ROAD
CHRISTIAN BASTI
GUWAHATI 781022 REPRESENTED BY THE LEGAL MANAGER
VERSUS
RAKI SINHA @ RAKI SINGHA @ RAKHI AND 4 ORS.
W/O LATE SUMIT SINHA @ SUMIT SINGHA
RESIDENT OF VILLAGE BANGLAGHAT DEBCHOR
PO BANGLAGHAT
PS SILCHAR
DIST CACHAR
ASSAM 788026
2:SRI SURAJ SINHA @ SURAJ SINGHA
S/O LATE SUMIT SINHA @ SUMIT SINGHA
RESIDENT OF VILLAGE BANGLAGHAT DEBCHOR
PO BANGLAGHAT
PS SILCHAR
DIST CACHAR
ASSAM 788026
3:SMTI LAKHISENA SINHA @ LAKHISENA SINGHA
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MOTHER OF LATE SUMIT SINHA @ SUMIT SINGHA
RESIDENT OF VILLAGE BANGLAGHAT DEBCHOR
PO BANGLAGHAT
PS SILCHAR
DIST CACHAR
ASSAM 788026
4:SRI P. DIPAK KUMAR SINGH
S/O GOSAI SINGH
RESIDENT OF VILLAGE NEW BHAKATPUR
PO BHAKATPUR
PS SILCHAR
DIST CACHAR
ASSAM 788005
5:SRI BIRENDRA SINHA
S/O SANTA SINHA
RESIDENT OF VILLAGE SRIKONA
BURIKHAL NETAJI CLUB
PO SRIKONA
PS SILCHAR
DIST CACHAR
ASSAM 788025
------------
Advocate for : MR T KALITA
Advocate for : MR. M TALUKDAR appearing for RAKI SINHA @ RAKI SINGHA
@ RAKHI AND 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 29.07.2022
Heard Mr. T. Kalita, the learned counsel appearing on behalf of the
Applicant and Mr. M. Talukdar, the learned counsel appearing on behalf of the
Respondent Nos. 1, 2 and 3.
This is an application for stay of the judgment and award dated
14.02.2022 passed by the learned Member, MACT, Cachar at Silchar in MAC
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Case No.423/2019.
A perusal of the said impugned judgment and award shows that the
Tribunal had directed the Insurance Company to pay the amount of
Rs.48,77,000/- alongwith @ 6.75% interest from the date of filing the case till
its realization.
Taking into account that the accompanying appeal has already been
admitted, this Court stays the impugned judgment and award dated 14.02.2022
passed by the learned Member, MACT, Cachar at Silchar in MAC Case
No.423/2019 subject to deposit of 50% of the said amount alongwith interest
within a period of 6 (six) weeks from today before the Registry of this Court.
On an application being filed by the claimant, the Registry of this Court
shall permit the claimant to withdraw 50% of the amount so deposited and
remaining 50% shall be kept in a Fixed Deposit for a period of 5 (five) years in
the name of the Registrar General of the Gauhati High Court.
It is made clear that the said application to be filed for withdrawal of the
50% of the amount to be deposited, can be made by the claimant directly
before the Registry of this Court.
With above observations and directions, the instant Interlocutory
Application stands disposed of.
JUDGE
Comparing Assistant
