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2025 DAILYLAW 20595 (GAU)

PUTULI NATH AND ANR v. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.

I.A.(Civil)/3159/2023 · 2025-09-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/2 GAHC010235472023 2025:GAU-AS:13218 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3159/2023 PUTULI NATH AND ANR W/O LATE BIMAL CHANDRA NATH, RESIDENT OF VILLAGE MILAN NAGAR, VIP , PS AZARA, DIST KAMRUP ASSAM 2: SRI JAGADISH NATH S/O LATE BIMAL CHANDRA NATH RESIDENT OF VILLAGE MILAN NAGAR VIP PS AZARA DIST KAMRUP ASSA VERSUS ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051 ITS ZONAL OFFIE 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 Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : MS. R GOSWAMI, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Page No.# 2/2 Date : 24-09-2025 Heard Mr. D. Mondal, the learned counsel for the applicant/respondent. Also heard Ms. M. Saikia, the learned counsel for the appellant/respondent. 2. The present application has been filed by the claimant/respondent no. 1, who happens to be the mother of the deceased, claimed for a direction to the Registry for release of 50% of the awarded amount which was deposited by the appellant/insurance on 27.03.2023 in pursuant to the order passed in I.A.(Civil) 828/2023 arising out of MAC Appeal No. 108/2023. 3. It is submitted that during the pendency of this case, the father of the deceased has already expired and now the petition has been filed by the mother of the deceased/claimant for release of the amount in her favour. 4. Ms. Saikia, the learned counsel for the appellant/respondent raised no objection subject to furnishing of indemnity bond. 5. In view of this, the money deposited before the Registry in pursuant to order dated 27.03.2023 in I.A.(Civil) 828/2023 may be released in favour of the applicant/respondent no. 1 Smt. Putili Nath, the mother of the deceased. Further the Registry is hereby directed to release the amount after due and proper verification of the applicant and on furnishing of the indemnity bond. With the above observations, the IA stands disposed of. JUDGE Comparing Assistant