Icici Lombard General Insurance ... vs Kunti Borah And Ors
2025 Latest Caselaw 7297 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Kunti Borah And Ors on 15 September, 2025

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GAHC010204502025




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

                                  Case No. : MACApp./420/2025

            ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
            HAVNG ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER
            SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI
            MUMBAI 400025 ONE OF ITS BRANCH OFFICS AT 305-306 KAMAKHYA
            TOWERS MSS PATH CHRISTIANBASTI GUWAHATI KAMRUP METRO
            ASSAM PIN 781005

            VERSUS

            KUNTI BORAH AND ORS
            W/O HEMANTA KUMAR MEDHI R/O SETALI PO BEBEJIA PS NAGAON DIST
            NAGAON ASSAM PIN 782142

            2:DIBYA JYOTI KALITA
             S/O SRI INDRESWAR KALITA R/O NEAR DAKHIN GAON HIGH SCHOOL PO
            KAHILIPARA PS DISPUR DIST KAMRUP METRO ASSAM PIN 781019

            3:TRAILAKYA TALUKDAR
             S/O SRI TARUN TALUKDAR R/O VILL SATPARA PO AND PS SALBARI DIST
            BAKSA ASSAM PIN 78132

Advocate for the Petitioner   : MR. A J SAIKIA, M CHETIA,MR. S PEGU

Advocate for the Respondent : ,

             Linked Case : I.A.(Civil)/3023/2025

            ICICI LOMBARD GENERAL INSURANCE CO LTD
            HAVNG ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER
            SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI
            400025 ONE OF ITS BRANCH OFFICS AT 305-306 KAMAKHYA TOWERS MSS
            PATH CHRISTIANBASTI GUWAHATI KAMRUP METRO ASSAM PIN 781005
                                                                          Page No.# 2/3

            VERSUS

           KUNTI BORAH AND ORS
           W/O HEMANTA KUMAR MEDHI R/O SETALI PO BEBEJIA PS NAGAON DIST
           NAGAON ASSAM PIN 782142

           2:DIBYA JYOTI KALITA
           S/O SRI INDRESWAR KALITA R/O NEAR DAKHIN GAON HIGH SCHOOL PO
           KAHILIPARA PS DISPUR DIST KAMRUP METRO ASSAM PIN 781019

           3:TRAILAKYA TALUKDAR
           S/O SRI TARUN TALUKDAR R/O VILL SATPARA PO AND PS SALBARI DIST
           BAKSA ASSAM PIN 781324
           ------------
           Advocate for : MR. A J SAIKIA
           Advocate for : appearing for KUNTI BORAH AND ORS

                                    BEFORE
                     HON'BLE MRS. JUSTICE MITALI THAKURIA


                                     ORDER

Date : 15.09.2025.

Heard Mr. A.J. Saikia, learned counsel for the appellant.

This is an application under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure to stay the operation of the impugned judgment and award dated 24.06.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Case No.1505/2022.

It is submitted by Mr. Saikia, learned counsel for the appellant/insurance company that the insurance company is ready to deposit 50 % of the award of compensation, subject to stay of further execution of the award.

Considering the submission made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 24.06.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Page No.# 3/3

Case No.1505/2022 is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry and the Registry is hereby directed to release the same to the respondent/claimant, which is going to be deposited by the appellant, after due and proper verification.

With the above observation, this Interlocutory Application stands allowed and disposed of.

JUDGE

Comparing Assistant