Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19087 (GAU)

ICICI LOMBARD GENERAL INSURANCE CO LTD v. KUNTI BORAH AND ORS

I.A.(Civil)/3023/2025 · 2025-09-14

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010204502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./420/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVNG ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI 400025 ONE OF ITS BRANCH OFFICS AT 305-306 KAMAKHYA TOWERS MSS PATH CHRISTIANBASTI GUWAHATI KAMRUP METRO ASSAM PIN 781005 VERSUS KUNTI BORAH AND ORS W/O HEMANTA KUMAR MEDHI R/O SETALI PO BEBEJIA PS NAGAON DIST NAGAON ASSAM PIN 782142 2:DIBYA JYOTI KALITA S/O SRI INDRESWAR KALITA R/O NEAR DAKHIN GAON HIGH SCHOOL PO KAHILIPARA PS DISPUR DIST KAMRUP METRO ASSAM PIN 781019 3:TRAILAKYA TALUKDAR S/O SRI TARUN TALUKDAR R/O VILL SATPARA PO AND PS SALBARI DIST BAKSA ASSAM PIN 78132 Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA,MR. S PEGU Advocate for the Respondent : , Linked Case : I.A.(Civil)/3023/2025 ICICI LOMBARD GENERAL INSURANCE CO LTD HAVNG ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI 400025 ONE OF ITS BRANCH OFFICS AT 305-306 KAMAKHYA TOWERS MSS PATH CHRISTIANBASTI GUWAHATI KAMRUP METRO ASSAM PIN 781005 Page No.# 2/3 VERSUS KUNTI BORAH AND ORS W/O HEMANTA KUMAR MEDHI R/O SETALI PO BEBEJIA PS NAGAON DIST NAGAON ASSAM PIN 782142 2:DIBYA JYOTI KALITA S/O SRI INDRESWAR KALITA R/O NEAR DAKHIN GAON HIGH SCHOOL PO KAHILIPARA PS DISPUR DIST KAMRUP METRO ASSAM PIN 781019 3:TRAILAKYA TALUKDAR S/O SRI TARUN TALUKDAR R/O VILL SATPARA PO AND PS SALBARI DIST BAKSA ASSAM PIN 781324 ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for KUNTI BORAH AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 15.09.2025. Heard Mr. A.J. Saikia, learned counsel for the appellant. This is an application under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure to stay the operation of the impugned judgment and award dated 24.06.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Case No.1505/2022. It is submitted by Mr. Saikia, learned counsel for the appellant/insurance company that the insurance company is ready to deposit 50 % of the award of compensation, subject to stay of further execution of the award. Considering the submission made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 24.06.2025, passed by the learned Member, MACT No.2, Kamrup (M) at Guwahati in MAC Page No.# 3/3 Case No.1505/2022 is hereby stayed, subject to payment of 50 % of the awarded amount, within six (6) weeks before the Registry and the Registry is hereby directed to release the same to the respondent/claimant, which is going to be deposited by the appellant, after due and proper verification. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant