Page No.# 1/3 GAHC010168302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2831/2025 ICICI LOMBARD GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER SVS MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI-400025 AND ITS BRANCH OFFICE AT305-306 KAMAKHYA TOWER MSS PATH CHRISTIAN BASTI GUWAHATI-781005 KAMRUP (M) VERSUS DHARMENDRA DAS AND 2 ORS. S/O. MAHADEB DAS R/O. WARD NO. 9 P/O. AND P/S. AND DIST. BARPETA ASSAM-781301 2:ZASEEM ATAUR S/O. ATAUR RAHMAN. R/O. H/NO. 1 NOTBOMA JURIPAR PATH P/O. AND P/S. HATIGAON DIST. KAMRUP METRO ASSAM-781038 3:HIRAK JYOTI BAISHYA S/O. NAREN BAISHYA R/O. VILL.- DHUPARGURI Page No.# 2/3 P/O. AND P/S. HAJO DIST. KAMRUP ASSAM-781102 ------------ Advocate for : MR. S PEGU Advocate for : FOR CAVEATOR appearing for DHARMENDRA DAS AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 29.08.2025 Learned counsel Mr. A. J. Saikia for the applicant/ insurer is aggrieved by the impugned judgment and award dated 09.05.2025 passed by the learned Member, MACT No. 2 Kamrup (M), Guwahati in MAC Case No. 1969/2022. 2. The insurer is aggrieved by the judgment and order as the claimant has not come with clean hands. The claimant sustained injuries as he had fallen down from his bed whereas he has claimed that he has sustained injuries when he met with an accident owing to collision between two vehicles. 3. I have considered the submissions at the Bar with circumspection. 4. It appears that the operation of the impugned judgment and award may be stayed. Thereby, the impugned judgment and award dated 09.05.2025 passed by the learned Member, MACT No. 2 Kamrup (M), Guwahati in MAC Case No. 1969/2022 is stayed until further orders subject to the condition that the insurer deposits 50% of the compensation amount before the Registry of this Court within 4 (weeks) from the date of this order. 5. Learned counsel Mr. D. Mondal, for the claimant/respondent no. 1 is present and has prayed for withdrawal of the 50% of the compensation amount. Prayer for withdrawal of the 50% of the compensation amount is allowed Page No.# 3/3 subject to the condition that the respondents execute a bond before the Registry of this Court for verification by the Registry. 6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant