Icici Lombard General Insurance ... vs Rubi Rahman And 3 Ors
2025 Latest Caselaw 4732 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Rubi Rahman And 3 Ors on 20 August, 2025

                                                                 Page No.# 1/4

GAHC010180912025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : IA(CIVIL)2720/2025

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI
         MANDIR, ICICI LOMBARD HOUSE 414, P. BALU MARG, SVS RAOD,
         PRABHADEVI, MUMBAI-400025, ITS ZONAL OFFICE AT 7TH FLOOR,
         APEEJAY HOUSE15, PARK STREET, KOLKATA-700016, AND ITS BRANCH
         OFFICE AT 3RD FLOOR KAMAKHYA TOWER, G.S ROAD, CHRISTIAN
         BASTI, GUWAHATI-781005, REP. BY THE LEGAL MANAGER



         VERSUS

         RUBI RAHMAN AND 3 ORS
         W/O. LT. MANASH JYOTI BARMAN

         2:IRFAN DENIAL DASTUN RAHMAN
          MINOR S/O. LT. MANASH JYOTI BARMAN

         3:DAKHARATH BARMAN
          S/O. LT. KHANGO RAM BARMAN
         ALL ARE R/O. VILL.- PAIKARKUCHI (PURAKUCHI)
          P/O. SONDHA
          P/S. NALBARI
          DIST. NALBARI
         ASSAM
          PIN-781337
         RESPONDENT NO. 1 IS REPRSENTING THE RESPODENT NO. 2 AND 3

         4:UTPAL SARMA
          S/O. KAMAKHYA PRASAD SARMA
          R/O. H/NO. 13
          PANIPATH
          GEETA NAGAR
          MOTHER TERESA ROAD
                                                                    Page No.# 2/4

             P/O. AND P/S. GEETA NAGAR
             KAMRUP (M)
             ASSAM
             PIN-781021

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : ,




             Linked Case : MACApp./379/2025

            ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI
            MANDIR
             ICICI LOMBARD HOUSE 414
             P. BALU MARG
             SVS RAOD
             PRABHADEVI
             MUMBAI-400025
             ITS ZONAL OFFICE AT 7TH FLOOR
             APEEJAY HOUSE15
             PARK STREET
             KOLKATA-700016
             AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER
             G.S ROAD
             CHRISTIAN BASTI
             GUWAHATI-781005
             REP. BY THE LEGAL MANAGER


             VERSUS

            RUBI RAHMAN AND 3 ORS
            W/O. LT. MANASH JYOTI BARMAN

            2:IRFAN DENIAL DASTUN RAHMAN
            MINOR S/O. LT. MANASH JYOTI BARMAN

            3:DAKHARATH BARMAN
            S/O. LT. KHANGO RAM BARMAN
            ALL ARE R/O. VILL.- PAIKARKUCHI (PURAKUCHI)
            P/O. SONDHA
            P/S. NALBARI
                                                                        Page No.# 3/4

           DIST. NALBARI
           ASSAM
           PIN-781337
           RESPONDENT NO. 1 IS REPRSENTING THE RESPODENT NO. 2 AND 3

           4:UTPAL SARMA
           S/O. KAMAKHYA PRASAD SARMA
           R/O. H/NO. 13
           PANIPATH
           GEETA NAGAR
           MOTHER TERESA ROAD
           P/O. AND P/S. GEETA NAGAR
           KAMRUP (M)
           ASSAM
           PIN-781021.
           ------------
           Advocate for : MR T KALITA
           Advocate for : appearing for RUBI RAHMAN AND 3 ORS



                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                      ORDER

Date : 20.08.2025

Heard Mr. T. Kalita, learned counsel for the applicant Insurance Company.

This is an application preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and order, dated 19.05.2025, passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 1918/2021.

At the outset, Mr. Kalita, learned counsel, by referring to the Notification, dated 14.09.2017, published by the Government of Assam, has submitted that an employee who die-in-harness; the legal heir(s) would be entitled to the family pension equal to 100% of the last drawn wages of the deceased till the date of his superannuation.

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It is submitted that in the instant case, as per the evidence adduced till date, the claimant/respondent has received pension equal to 100% of the last drawn pay of the deceased; therefore, the claimant/respondent, herein, is not entitled to the compensation under the Head "loss of dependency".

In view of the above, Mr. Kalita, learned counsel, however, has submitted that the applicant Insurance Company, herein, is ready and willing to deposit a total sum of Rs. 16,15,000/- i.e. Rs. 1,65,000/- and Rs. 14,50,000/- under the Heads "conventional amount" and "medical expenditures", respectively.

Since the connected appeal has been admitted for hearing; hence, it is hereby directed that the effect and operation of the impugned judgment and order, dated 19.05.2025, passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 1918/2021, shall remain stayed subject to deposit of Rs. 16,15,000/- i.e. Rs. 1,65,000/- and Rs. 14,50,000/- under the Heads "conventional amount" and "medical expenditures", respectively, by the applicant/Insurance Company before the Registry of this Court, within a period of 4(four) weeks from today.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE Comparing Assistant