Icici Lombard General Insurance ... vs Rambha Dhing And 3 Others
2025 Latest Caselaw 7298 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Rambha Dhing And 3 Others on 15 September, 2025

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GAHC010151782025




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

                         Case No. : I.A.(Civil)/3043/2025
                                        in
                                    MACApp./428/2025


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


          VERSUS

         RAMBHA DHING AND 3 OTHERS
         W/O. LT. KANAK CH. DHING

         2:RITURAJ DHING
         S/O. LT. KANAK CH. DHING

         3:JIMI DHING
         S/O. LT. KANAK CH. DHING
         ALL ARE R/O. VILL.- PIYALIKHATA
         P/S. BAIHATA
         PIN-781381
         DIST. KAMRUP
         ASSAM.
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          4:LABA GOSWAMI
          S/O. LT. TARUN GOSWAMI
          R/O. VILL.- KASHUDRA PALAHA
          P/O. AND P/S. BAIHATA CHARIALI
          DIST. KAMRUP
          ASSAM
          PIN-781381.
          ------------
          Advocate for : MS. M SAIKIA
          Advocate for : FOR CAVEATOR appearing for RAMBHA DHING AND 3 OTHERS



                                   BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

15-09-2025

Heard Mr. R. Goswami, learned counsel for the appellant and Mr. A. N. Iqbal, learned counsel for the claimant/respondent Nos. 1, 2 and 3.

2. This is an application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned judgment and award dated 23.04.2025 passed by the learned Member, MACT No.2, Kamrup (M), in MAC Case No. 708/2021.

3. It is further submitted by Mr. Goswami, learned counsel for the applicant that they are ready to pay 20% of the awarded amount to the claimant/respondent Nos. 1, 2 and 3.

4. In view of the above, the execution of the impugned judgment and award dated 23.04.2025 passed by the learned Member, MACT No.2, Kamrup (M), in MAC Case No. 708/2021 shall remain suspended till disposal of the connected appeal, subject to payment of 20% of the awarded amount to the claimant/respondent Nos. 1, 2 and 3 within a period of 6 (six) weeks from today before Registry of this Court.

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5. On depositing the aforesaid 20% of the awarded amount before the Registry by the applicant/appellant, the same shall be disbursed to the claimant/respondent Nos. 1, 2 and 3, after proper identification and due verification.

6. With the above observation and direction, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant