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2025 DAILYLAW 19426 (GAU)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD v. MISS BIDISHA BORA AND 5 ORS

I.A.(Civil)/189/2025 · 2025-03-09

Marli Vankung

body2025

Judgment text

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Page No.# 1/4 GAHC010211872024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/189/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APEEJAY 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 MISS BIDISHA BORA AND 5 ORS D/O LATE DIPAK BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 2:SRI BIKI BORA S/O LATE DIPAK BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 3:SRI KALIRAM BORA S/O LATE NITAI BORA Page No.# 2/4 RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 4:SMTI RENUKA BORA W/O SRI KALIRAM BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 5:SRI HEMANTA DAS S/O SRI BABUL DAS RESIDENT OF VILLAGE NO. 2 MANIPUR PS AND DIST MORIGAON ASSAM 782105 6:SRI PRABIN DAS S/O SRI MINA RAM DAS RESIDENT OF VILLAGE AHATGURI PS DHARAMTUL DIST MORIGAON ASSAM 782412 ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for MISS BIDISHA BORA AND 5 ORS MACApp./26/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051, ITS ZONAL OFFICE AT APEEJAY 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 MISS BIDISHA BORA AND 5 ORS D/O LATE DIPAK BORA RESIDENT OF VILLAGE GASARGURI, PS MORIGAON, PO UDARI, DIST Page No.# 3/4 MORIGAON, ASSAM 782105 2:SRI BIKI BORA S/O LATE DIPAK BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 3:SRI KALIRAM BORA S/O LATE NITAI BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 4:SMTI RENUKA BORA W/O SRI KALIRAM BORA RESIDENT OF VILLAGE GASARGURI PS MORIGAON PO UDARI DIST MORIGAON ASSAM 782105 5:SRI HEMANTA DAS S/O SRI BABUL DAS RESIDENT OF VILLAGE NO. 2 MANIPUR PS AND DIST MORIGAON ASSAM 782105 6:SRI PRABIN DAS S/O SRI MINA RAM DAS RESIDENT OF VILLAGE AHATGURI PS DHARAMTUL DIST MORIGAON ASSAM 78241 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : , Page No.# 4/4 BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 10.03.2025 Heard Ms. P. Borthakur, leraned counsel for the applicant, who has filed the instant application under Order XLI Rule V of the Code of Civil Procedure, 1908 praying for stay of the operation of the impugned Judgment & Award dated 04.07.2024 passed by the learned Member, MACT, Morigaon in MAC (Death) Case No. 08/2021. The learned counsel submits that the applicant is willing to deposit 25% of the awarded amount by submitting that depositing more than 25% would not be appropriate since the appeal is also with regards to the age of the deceased. In view of the above submission, this Court finds it fit to stay the operation of the impugned Judgment & Award dated 04.07.2024 passed by the learned Member, MACT, Morigaon in MAC (Death) Case No. 08/2021 subject to the deposit of 25% of the awarded amount within 1 (one) month into the Registry of this Court from the date of this order. Accordingly, I.A.(Civil) No. 189/2025 stands allowed and disposed of as above. JUDGE Comparing Assistant