ICICI LOMBARD GENERAL INSURANCE CO. LTD. v. MARIYAM BEGUM AND 3 OTHERS
I.A.(Civil)/1524/2025 · 2025-05-18
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11909 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11909 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010095352025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1524/2025 ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT SHIR SIDDHI VINAYAK GANAPATI MANDIR ICICI LOMBARD HOUSE 414 P. BALU MARG SVS ROAD PRABHADEVI MUMBAI 400025 ITS ZONAL OFFICE ZONAL OFFICE AT 7TH FLOOR APEEJAY HOUSE 15 PARK STREET KOLKATA 70016 AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER G.S. ROAD CHRISTIAN BASTI GUWAHATI 781005 REPRESENTED BY THE LEGAL MANAGER. VERSUS MARIYAM BEGUM AND 3 OTHERS W/O NUR MASTAFA @ NURAMOCHASHTOFA ALI 2:MD. NUR MASTAFA @ NURAMOCHASHTOFA ALI S/O ABDUL KADIR ALI. 3:HABIZA KHATUN D/O MD. NUR MASTAFA @ NURAMOCHASHTOLA ALI ALL ARE THE RESIDENT OF VILL. DWARKUCHI NO. 1 CHIKNIBARI GHOGRAPAR P.S. TAMULPUR ASSAM PIN CODE 781367 PRESENT RESIDENT OF PALTAN BAZAR GUWAHATI
Page No.# 2/3 KAMRUP (M) ASSAM PIN 781007 4:RIAJUL HAQUE S/O MAHIM ALI R/O VILL. SIKNIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781354 ------------ Advocate for : MR T KALITA Advocate for : appearing for MARIYAM BEGUM AND 3 OTHERS
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 19.05.2025
Heard Mr. T. Kalita, learned counsel for the applicant and Mr. A.T. Sarkar, learned counsel for the opposite party Nos. 1, 2 & 3. 2. This interlocutory application is preferred by the applicant, for staying the operation of Judgment and Award 06.02.2025, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 60/2023. 3. It is to be noted here that vide impugned Judgment and Award dated 06.02.2025, the learned Tribunal has directed the appellant to pay a sum of Rs. 20,40,000/- being the compensation to the respondent Nos. 1, 2 & 3. 4. Mr. Kalita, learned counsel for the applicant submits that the applicant has preferred an appeal being, M.A.C. Appeal No. 186/2025 and the same has already been admitted and the record has also been called for. Mr. Kalita further submits that the applicant is ready to deposit 50% of the awarded amount before the registry of this court and therefore, it is contended to stay
Page No.# 3/3 the operation of Judgment and Award 06.02.2025, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 60/2023. 5. On the other hand, Mr. Sarkar, learned counsel for the opposite party Nos.
1, 2 & 3 submits that the respondents may be allowed to withdraw the aforesaid amount deposited before the registry of this court. 6. At this stage, Mr. Kalita, learned counsel for the applicant submits that the respondent Nos. 1, 2 & 3 may be directed to withdraw the same on executing one bond. 7. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court is inclined to stay the operation of the Judgment and Award 06.02.2025, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 60/2023. 8. Accordingly, it is provided that till disposal of the connected appeal, i.e. M.A.C. Appeal No. 186/2025, the operation of Judgment and Award 06.02.2025, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 60/2023, stands stayed, subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this court, within a period of 15 (fifteen) days from today. 9. Further, the registry shall release the aforesaid amount to the respondent Nos. 1, 2 & 3 on executing a bond. 10. In terms of above, this I.A. stands closed. JUDGE Comparing Assistant