Icici Lombard General Insurance ... vs Mandira Acharya And 2 Ors
2025 Latest Caselaw 1526 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Mandira Acharya And 2 Ors on 28 July, 2025

                                                                    Page No.# 1/2

GAHC010105092025




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

                          Case No. : MACApp./301/2025

         ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
         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

         MANDIRA ACHARYA AND 2 ORS.
         W/O. SRI SUBHASH CH. ACHARYA, R/O. EX-POLICE LINE, P/O. TEZPUR,
         P/S. TEZPUR. DIST. SONITPUR, ASSAM-784001.

         2:MAINUL ISLAM
          S/O. LT. HASU SHEK
          R/O. VILL.- RAJBHORAL
          P/O. TEZPUR
          P/S. TEZPUR
          DIST. SONITPUR
         ASSAM-784001.

         3:AJIJUL ISLAM
          S/O. MUKLESH ALI
          R/O. RAJBHORAL
          P/O. AND P/S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN-784001

         3:MD AJIJUL ISLAM
          SONITPUR
         ASSA
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Advocate for the Petitioner : MR T KALITA,
Advocate for the Respondent : ,


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

28.07.2025

Heard Mr. T. Kalita, learned counsel for the appellant.

2. In this appeal, under Section 173 of the M.V. Act, the appellant has put to challenge the correctness or otherwise of the judgment and award dated 17.02.2025, passed by the learned Member, M.A.C.T., Sonitpur at Tezpur, in M.A.C. Case No. 26/2023.

3. It is to be noted here that vide impugned judgment and award dated 17.02.2025, the learned tribunal had directed the appellant to pay a sum of Rs. 40,295/- as compensation to the claimants.

4. The learned counsel for the appellant submits that in this appeal the appellant has not challenged the quantum of compensation, rather it has challenged the finding of the learned tribunal as the claim petition was barred by law of limitation having been filed after 01.04.2022.

5. The submission of learned counsel for the appellant needs further consideration.

6. At this stage, admit the appeal.

7. Let notice be issued to the respondents, within a week from today, by registered post with A/D as well as by usual process, returnable in 4 weeks.

8. The registry shall call for the record from the learned tribunal.

9. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant