Page No.# 1/4 GAHC010180912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(CIVIL)2720/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI MANDIR, ICICI LOMBARD HOUSE 414, P. BALU MARG, SVS RAOD, PRABHADEVI, MUMBAI-400025, ITS ZONAL OFFICE AT 7TH FLOOR, APEEJAY HOUSE15, PARK STREET, KOLKATA-700016, AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER, G.S ROAD, CHRISTIAN BASTI, GUWAHATI-781005, REP. BY THE LEGAL MANAGER VERSUS RUBI RAHMAN AND 3 ORS W/O. LT. MANASH JYOTI BARMAN 2:IRFAN DENIAL DASTUN RAHMAN MINOR S/O. LT. MANASH JYOTI BARMAN 3:DAKHARATH BARMAN S/O. LT. KHANGO RAM BARMAN ALL ARE R/O. VILL.- PAIKARKUCHI (PURAKUCHI) P/O. SONDHA P/S. NALBARI DIST. NALBARI ASSAM PIN-781337 RESPONDENT NO. 1 IS REPRSENTING THE RESPODENT NO. 2 AND 3 4:UTPAL SARMA S/O. KAMAKHYA PRASAD SARMA R/O. H/NO. 13 PANIPATH GEETA NAGAR MOTHER TERESA ROAD Page No.# 2/4 P/O. AND P/S. GEETA NAGAR KAMRUP (M) ASSAM PIN-781021 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , Linked Case : MACApp./379/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI MANDIR ICICI LOMBARD HOUSE 414 P. BALU MARG SVS RAOD PRABHADEVI MUMBAI-400025 ITS ZONAL OFFICE AT 7TH FLOOR APEEJAY HOUSE15 PARK STREET KOLKATA-700016 AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER G.S ROAD CHRISTIAN BASTI GUWAHATI-781005 REP. BY THE LEGAL MANAGER VERSUS RUBI RAHMAN AND 3 ORS W/O. LT. MANASH JYOTI BARMAN 2:IRFAN DENIAL DASTUN RAHMAN MINOR S/O. LT. MANASH JYOTI BARMAN 3:DAKHARATH BARMAN S/O. LT. KHANGO RAM BARMAN ALL ARE R/O. VILL.- PAIKARKUCHI (PURAKUCHI) P/O. SONDHA P/S. NALBARI Page No.# 3/4 DIST. NALBARI ASSAM PIN-781337 RESPONDENT NO. 1 IS REPRSENTING THE RESPODENT NO. 2 AND 3 4:UTPAL SARMA S/O. KAMAKHYA PRASAD SARMA R/O. H/NO. 13 PANIPATH GEETA NAGAR MOTHER TERESA ROAD P/O. AND P/S. GEETA NAGAR KAMRUP (M) ASSAM PIN-781021. ------------ Advocate for : MR T KALITA Advocate for : appearing for RUBI RAHMAN AND 3 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 20.08.2025 Heard Mr. T. Kalita, learned counsel for the applicant Insurance Company. This is an application preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and order, dated 19.05.2025, passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 1918/2021. At the outset, Mr. Kalita, learned counsel, by referring to the Notification, dated 14.09.2017, published by the Government of Assam, has submitted that an employee who die-in-harness; the legal heir(s) would be entitled to the family pension equal to 100% of the last drawn wages of the deceased till the date of his superannuation. Page No.# 4/4 It is submitted that in the instant case, as per the evidence adduced till date, the claimant/respondent has received pension equal to 100% of the last drawn pay of the deceased; therefore, the claimant/respondent, herein, is not entitled to the compensation under the Head “loss of dependency”. In view of the above, Mr. Kalita, learned counsel, however, has submitted that the applicant Insurance Company, herein, is ready and willing to deposit a total sum of Rs. 16,15,000/- i.e. Rs. 1,65,000/- and Rs. 14,50,000/- under the Heads “conventional amount” and “medical expenditures”, respectively. Since the connected appeal has been admitted for hearing; hence, it is hereby directed that the effect and operation of the impugned judgment and order, dated 19.05.2025, passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 1918/2021, shall remain stayed subject to deposit of Rs. 16,15,000/- i.e. Rs. 1,65,000/- and Rs. 14,50,000/- under the Heads “conventional amount” and “medical expenditures”, respectively, by the applicant/Insurance Company before the Registry of this Court, within a period of 4(four) weeks from today. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant