Page No.# 1/4 GAHC010116672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1793/2025 ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APPEJAY 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 MUSTT NUREDA BEGUM AND 3 ORS W/O MD. TUJAMIL HAQUE 2:MD. TUJAMIL HAQUE S/O LATE JAMAL SEIKH BOTH ARE R/O VILL. HIRAPARA P.O. AND P.S. DHULA DIST. DARRANG ASSAM PIN 784146 3:MD. ABDUL RACID S/O TAUZI SHEIKH R/O VILL. KHATANIAPARA P.O. DHULA Page No.# 2/4 P.S. DHULA DIST. DARRANG ASSAK PIN 784146 4:MD. AZAD ALI S/O LATE MONAZUDDIN R/O VILL. BALABARI P.O. BALABARI P.S. DHULA DIST. DARRANG ASSAM PIN 784146 ------------ In MACApp./245/2025 ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051, ITS ZONAL OFFICE AT APPEJAY 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 MUSTT NUREDA BEGUM AND 3 ORS W/O MD. TUJAMIL HAQUE 2:MD. TUJAMIL HAQUE S/O LATE JAMAL SEIKH BOTH ARE R/O VILL. HIRAPARA P.O. AND P.S. DHULA DIST. DARRANG ASSAM PIN 784146 3:MD. ABDUL RACID S/O TAUZI SHEIKH R/O VILL. KHATANIAPARA P.O. DHULA P.S. DHULA DIST. DARRANG Page No.# 3/4 ASSAK PIN 784146 4:MD. AZAD ALI S/O LATE MONAZUDDIN R/O VILL. BALABARI P.O. BALABARI P.S. DHULA DIST. DARRANG ASSAM PIN 78414 Advocate for the applicant(s): Mr. R Goswami Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 13.06.2025 Heard Mr. R Goswami, the learned counsel appearing on behalf of the applicant. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the impugned judgment and award dated 07.03.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M) in MAC Case No.476/2022. 3. This Court having taking into account the grounds of objection and the detailed order passed in the accompanying appeal had admitted the appeal. It is Page No.# 4/4 seen that on the basis of the calculation as an unskilled worker, the claimants at the least would be entitled to Rs.15,36,408/- on the head of compensation and additionally Rs.1,21,000/- on account of conventional heads. This Court, therefore, stays the impugned judgment and award dated 07.03.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M) in MAC Case No.476/2022 till the disposal of the accompanying appeal subject to deposit of Rs.16,57,408/- (Rupees Sixteen Lacs Fifty Seven Thousand Four Hundred and Eight) along with interest @6% per annum from the date of filing of the claim application before the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M) within 6 (six) weeks from the date of the instant order. 3. This Court further directs the learned Motor Accident Claims Tribunal No.2, Kamrup(M) that upon such deposits being made, the learned Tribunal shall apply the said amount keeping in mind the paragraphs 72, 73 and 74 of the impugned judgment and award. 4. Interlocutory application, accordingly, stands disposed of. JUDGE Comparing Assistant