Icici Lombard General Insurance ... vs Nirmala Hasda And 5 Others
2025 Latest Caselaw 628 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Nirmala Hasda And 5 Others on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010093342025




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

                        Case No. : I.A.(Civil)/1514/2025

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
         TOWERS
          BANRA KURLA COMPLEX
          MUMBAI-400051
          ITS ZONAL OFFICE AT APEEJAY HOUSE
          15 PARK STREET
          7TH FLOOR
          KOLKATA-700016
          AND A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR
          OFFICE NO. 305 AND 306
          G.S. ROAD
          GUWAHATI-781005
          ASSAM


          VERSUS

         NIRMALA HASDA AND 5 OTHERS
         W/O. LT. KARNEL SOREN

         2:APARNA SOREN
         D/O. LT. KARNEL SOREN

         3:SAMSON SOREN
         S/O. LT. KARNEL SOREN

         4:GIVESON SOREN
         S/O. LT. KARNEL SOREN
         ALL ARE R/O. VILL.- NOWAKHAT
         P/S. TAMULPUR
         DIST. BAKSA
         BTAD
         ASSAM
                                                                         Page No.# 2/3

            PIN-781360. RESPONDENT NO. 4 BEING MINOR IS REP. BY HIS MOTHER
            RESPONDENT NO. 1

            5:HEMEN DAS
            S/O. SRI JOY KT DAS
            R/O. BHERAKHAT
            P/S. TAMULPUR
            DIST. BAKSA
            BTAD
            ASSAM
            PIN-781367.

            6:HIRANYA THAKURIA
            S/O. SRI BHAGIRATH THAKURI
            R/O. VILL.- CHINADI
            P/S SARTHEBARI
            DIST. BARPETA
            ASSAM
            PIN-781312.
            ------------
            For the Applicant(s)       : Mr. R. Goswami, Advocate

            For the Respondent(s)        : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 16.05.2025

This is application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for staying the judgment and award dated 21.02.2025 passed in MAC Case No.1081/2018 by the learned Member, Motor Accident Claims Tribunal, Kamrup (M) at Guwahati whereby an amount of Rs.49,10,422 was awarded in favour of the claimants.

2. Issue notice making it returnable on 16.06.2025.

3. Steps be taken upon the respondents by way of Registered Post with Page No.# 3/3

A/D as well as through usual process within 3 (three) days.

4. Taking into account the ground of objection and the fact that the accompanying appeal has already been admitted, this Court stays the judgment and award dated 21.02.2025 passed in MAC Case No.1081/2018 till the next date subject to deposit of an amount of Rs.2,29,900/- before the Registry of this Court on or before 16.06.2025.

5. The claimants shall be at liberty to file appropriate application before the Registry of this Court and the Registry shall on the basis of such application and after making due identification and proper verification and also upon furnishing of the bank particulars release the said amount to the claimants.

6. List accordingly.

JUDGE

Comparing Assistant