MUSTT NUREDA BEGUM v. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
I.A.(Civil)/3516/2025 · 2025-12-09
Yarenjungla Longkumer
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26808 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26808 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010242832025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3516/2025 MUSTT NUREDA BEGUM W/O MD. TUJAMIL HAQUE RESIDENTS OFVILLAGE-HIRAPARA, P.O. AND P.S.- DHULA, DISTRICT- DARRANG, ASSAM PIN-784146 2: MD TUJAMIL HAQUE S/O LATE JAMAL SEIKHRESIDENTS OFVILLAGE-HIRAPARA P.O. AND P.S.- DHULA DISTRICT- DARRANG ASSAM PIN-78414 VERSUS ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI-400051 2:MD ABDUL RACID S/O TAUZI SHEIKH R/O VILLAGE- KHATANIAPARA P.O. AND P.S.- DHULA DISTRICT- DARRANG ASSAM PIN-784146 3:MD AZAD ALI S/O LATE MONAZUDDIN R/O VILLAGE-BALABARI P.O.-BALABARI P.S.- DHULA DISTRICT- DARRANG ASSAM PIN-78414 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. R GOSWAMI,
BEFORE
Page No.# 2/3 HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 10-12-2025
Heard learned counsel for the applicant Mr. A. Bhattacharyya. Also heard Mr. R. Goswami, the learned counsel for the respondents.
2. This is an application praying for withdrawal of the amount of Rs. 19,74,267/- deposited by the appellant/insurer in pursuance of the order dated 13.06.2025 passed in I.A.(Civil) No. 1793/2025 arising out of MAC Appeal No. 245/2025.
3. An objection has already been filed by the Insurance Company praying for direction to release only 50% of the deposited amount as the insurer/appellant has also taken the plea in the appeal petition that the alleged vehicle being Maruti Wagnor with Registration No. AS-13-G-2367 is not involved in the alleged accident.
4. I have considered the submissions made by learned counsel for both sides as well as perused the case records and is of the view that this application be allowed with a direction to the Tribunal to allow the appellant/claimant to withdraw 50% of the present deposited amount after proper verification and identification.
5. It is observed that the Trial Court records are already before this Court.
6. Accordingly, the Registry is also directed to transmit back the Trial Court Records to the concerned Tribunal for a limited time so that the Tribunal may release 50% of the deposited amount to the claimant/respondent. The TCR shall be sent back to the Registry after the amount is disbursed.
Page No.# 3/3 The IA stands disposed of.
JUDGE Comparing Assistant