Icici Lombard General Insurance ... vs Smti Karabi Das And 5 Ors
2026 Latest Caselaw 1055 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Smti Karabi Das And 5 Ors on 11 February, 2026

                                                                    Page No.# 1/4

GAHC010015482026




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

                          Case No. : MACApp./50/2026

         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,
         KOLKATA700016, AND A BRANCH OFFICE AT KAMAKHYA TOWER 3RD
         FLOOR, OFFICE NO. 305 AND 306, G.S. ROAD, GUWAHATI 781005, ASSAM.



         VERSUS

         SMTI KARABI DAS AND 5 ORS
         W/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI, P.S.
         NALBARI, DISTRICT-NALBARI, ASSAM PIN-781341. CLAIMANTS
         RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR
         LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1.

         2:SRI DIPANKAR DAS
          S/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
          P.S. NALBARI
          DISTRICT-NALBARI
         ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
         MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
         RESPONDENT NO.1.

         3:MAULINA DAS
          D/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
          P.S. NALBARI
          DISTRICT-NALBARI
         ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
         MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
         RESPONDENT NO.1.

         4:SMTI DHARESWARI DAS
                                                                         Page No.# 2/4

            W/O LATE RAMA KANTA DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
            P.S. NALBARI
            DISTRICT-NALBARI
            ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
            MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
            RESPONDENT NO.1.

            5:BHAYRAB DAIMARY
             S/O RABIRAM DAIMARY R/O-VILLAGE-PASCHIM DIRINGAPUR
            P.S.BARBORI
            P.O.AMINGAON DIST-BAKSA
            ASSAM
             PIN-781031. OWNER OF VEHICLE NO.AS-14J/9501M/C

            6:SRI INDRAJIT DAS
             S/O SRI BARUN DAS VILLAGE-POLASHI
             P.S.BARBORI DISTRICT-BAKSA
            ASSAM
             PIN-781343. OWNER OF VEHICLE NO.AS-14J/9501M/

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA

Advocate for the Respondent : ,




             Linked Case : I.A.(Civil)/363/2026

            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
             KOLKATA700016
             AND A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR
             OFFICE NO. 305 AND 306
             G.S. ROAD
             GUWAHATI 781005
             ASSAM.


             VERSUS
                                                          Page No.# 3/4


SMTI KARABI DAS AND 5 ORS
W/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
P.S. NALBARI
DISTRICT-NALBARI
ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
RESPONDENT NO.1.

2:SRI DIPANKAR DAS
S/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
 P.S. NALBARI
 DISTRICT-NALBARI
ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
RESPONDENT NO.1.

3:MAULINA DAS
D/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
P.S. NALBARI
DISTRICT-NALBARI
ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
RESPONDENT NO.1.

4:SMTI DHARESWARI DAS
W/O LATE RAMA KANTA DAS RESIDENTS OF- VILLAGE-KENDUKUCHI
P.S. NALBARI
DISTRICT-NALBARI
ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING
MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E.
RESPONDENT NO.1.

 5:BHAYRAB DAIMARY
S/O RABIRAM DAIMARY R/O-VILLAGE-PASCHIM DIRINGAPUR
P.S.BARBORI
P.O.AMINGAON DIST-BAKSA
ASSAM
 PIN-781031. OWNER OF VEHICLE NO.AS-14J/9501M/C

6:SRI INDRAJIT DAS
S/O SRI BARUN DAS VILLAGE-POLASHI
P.S.BARBORI DISTRICT-BAKSA
ASSAM
PIN-781343. OWNER OF VEHICLE NO.AS-14J/9501M/C
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for SMTI KARABI DAS AND 5 ORS
                                                                      Page No.# 4/4




                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

11.02.2026 Learned counsel Ms. P. Borthakur is present for the Insurance Company who is aggrieved by the judgment and order dated 30.10.2025 in connection with MAC Case No. 57/2023 passed by the learned Member, MACT, Nalbari. It is submitted that the learned Member has overlooked the fact that the driver of the offending vehicle was not carrying a valid driving license. Issue notices to the respondents by usual process returnable within 4 (four) weeks.

Call for the original records from the Tribunal. Admit the appeal.

List accordingly.

JUDGE

Comparing Assistant