Icici Lombard General Insurance Co Ltd vs Dharmendra Das And 2 Ors
2025 Latest Caselaw 6839 Gua

Gauhati High Court

Icici Lombard General Insurance Co Ltd vs Dharmendra Das And 2 Ors on 29 August, 2025

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GAHC010168302025




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

                         Case No. : I.A.(Civil)/2831/2025



         ICICI LOMBARD GENERAL INSURANCE CO LTD
         HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414
         VEER SVS MARG
          NEAR SIDDHI VINAYAK TEMPLE
          PRABHADEVI
          MUMBAI-400025
         AND ITS BRANCH OFFICE AT305-306 KAMAKHYA TOWER
          MSS PATH
          CHRISTIAN BASTI
          GUWAHATI-781005
          KAMRUP (M)


          VERSUS

         DHARMENDRA DAS AND 2 ORS.
         S/O. MAHADEB DAS
         R/O. WARD NO. 9
         P/O. AND P/S. AND DIST. BARPETA
         ASSAM-781301

         2:ZASEEM ATAUR
         S/O. ATAUR RAHMAN. R/O. H/NO. 1
          NOTBOMA
          JURIPAR PATH
          P/O. AND P/S. HATIGAON
          DIST. KAMRUP METRO
         ASSAM-781038

         3:HIRAK JYOTI BAISHYA
         S/O. NAREN BAISHYA
         R/O. VILL.- DHUPARGURI
                                                                      Page No.# 2/3

          P/O. AND P/S. HAJO
          DIST. KAMRUP
          ASSAM-781102
          ------------
          Advocate for : MR. S PEGU
          Advocate for : FOR CAVEATOR appearing for DHARMENDRA DAS AND 2 ORS.



                               BEFORE
            HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

29.08.2025

Learned counsel Mr. A. J. Saikia for the applicant/ insurer is aggrieved by the impugned judgment and award dated 09.05.2025 passed by the learned Member, MACT No. 2 Kamrup (M), Guwahati in MAC Case No. 1969/2022.

2. The insurer is aggrieved by the judgment and order as the claimant has not come with clean hands. The claimant sustained injuries as he had fallen down from his bed whereas he has claimed that he has sustained injuries when he met with an accident owing to collision between two vehicles.

3. I have considered the submissions at the Bar with circumspection.

4. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 09.05.2025 passed by the learned Member, MACT No. 2 Kamrup (M), Guwahati in MAC Case No. 1969/2022 is stayed until further orders subject to the condition that the insurer deposits 50% of the compensation amount before the Registry of this Court within 4 (weeks) from the date of this order.

5. Learned counsel Mr. D. Mondal, for the claimant/respondent no. 1 is present and has prayed for withdrawal of the 50% of the compensation amount. Prayer for withdrawal of the 50% of the compensation amount is allowed Page No.# 3/3

subject to the condition that the respondents execute a bond before the Registry of this Court for verification by the Registry.

6. In terms of the above observation, this application stands disposed of.

JUDGE

Comparing Assistant