Gauhati High Court
Sri Jitumoni Borah vs The Icici Lombard General Insurance ... on 19 June, 2025
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010211212022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3130/2022
SRI JITUMONI BORAH
S/O LATE TARUN CH. BORAH, R/O VILL. and P.O. BIRAHIGAON, P.S. and
DIST. NAGAON, ASSAM.
VERSUS
THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED,
HAVING ITS REGISTERED AND HEAD OFFICE AT ICICI BANK TOWERS,
BANDRA KURLA COMPLEX, MUMBAI-400051 AND ONE OF THE
REGIONAL OFFICE AT APEEJAY HOUSE, PARK STREET, KOLKATA-700016
AND ONE OF THE BRANCH AT M.S.S. PATH (G.S. ROAD), CHRISTIANBASTI,
GUWAHATI-781005, ASSAM
Advocate for the Petitioner : MR.P SUNDI, MR G S BORO
Advocate for the Respondent : ,
Linked Case : MACApp./263/2016
SRI JITUMONI BORAH
S/O LATE TARUN CH. BORAH
R/O VILL. and P.O. BIRAHIGAON
P.S. and DIST. NAGAON
ASSAM.
VERSUS
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
JORHAT BRANCH
DIST. JORHAT
ASSAM.
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Advocate for : MR.P SUNDI
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Advocate for : MR.K BORAR appearing for ICICI LOMBARD GENERAL
INSURANCE CO. LTD.
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
19.06.2025
Heard Mr. P. Sundi, learned counsel for the appellant/claimant. Also heard
Mr. S. Pegu, learned counsel for the respondent/Insurance Company.
Seen the note sheet of Registrar General dated 16.06.2025 in connection
with I.A.(C) 3130/2022 wherein a clarification has been required whether the
deposited amount of Rs.1,34,000/- is to be released entirely to the appellant,
"Jitumoni Borah" or the same is to be released to both the sons of the
deceased, viz. Jitumoni Borah and Jan Borah i.e. claimants in MAC Case No.
744/2011.
I have heard the learned counsel for both the parties. I have also seen the
memo of appeal.
It is seen that as one of the claimants i.e. Jitumoni Borah has preferred
MAC Appeal No. 263/2016 and in the said MAC Appeal, Jitumoni Borah and
Insurance Company have also filed a joint compromise petition stating that they
have settled an additional amount of Rs.1,34,000/- as final compensation apart
from Rs.66,000/- awarded by the Tribunal.
In view of the above, though it appears that the appeal has been
preferred by one of the claimant i.e. Jitumoni Borah and the compromise deed
was also executed between the appellant, Jitumoni Borah and the Insurance
Company, however, it is not known whether the other claimant, Jan Borah had
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knowledge regarding filing of appeal by the present appellant, Jitumoni Borah.
It is seen that the compromise deed is also silent regarding apportionment
of amount to the brother of the appellant, Jan Borah. There is no reflection in
the compromise deed that the appellant has another brother namely, Jan Borah
and he was one of the claimant in MAC Case No. 744/2011. The note sheet of
Registrar General dated 27.06.2023 has not been brought to the notice of this
Court. Hence, there is no reflection in the order dated 29.07.2024 regarding
apportionment of any amount between the appellant and his brother Jan Borah.
I have perused the judgment of the Tribunal dated 08.06.2016 from which
it reveals that two sons of the deceased Jitumoni Borah and Jan Borah were the
claimants in MAC Case No. 744/2011. As per order of the learned Tribunal, the
compensation amount be equally divided between all the claimants, namely,
Jitumoni Borah and Jan Borah (sons of the deceased).
It is true that the appeal has been preferred by one of the claimant i.e.
Jitumoni Borah but it is not reflected in the memo of appeal that the other
claimant has no objection or on behalf of him the present appellant i.e. Jitumoni
Borah filed MAC Appeal vide No. 263/2016 before this Court.
Under such backdrop, as it appears that the Tribunal has equally divided
the compensation amount between both the claimants i.e. the appellant and his
brother Jan Borah, hence, Jan Borah is also entitled to receive half of the
awarded amount.
Accordingly, Registry is directed to release Rs.1,34,000/- to the appellant,
Jitumoni Borah and his brother Jan Borah on equal share basis.
JUDGE
Comparing Assistant
