Page No.# 1/3 GAHC010078832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2598/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI MANDIR ICICI LOMBARD HOUSE 414 P.BALU MARG SVS ROAD PRABHADEVI MUMBAI 400025 ITS ZONAL OFFICE AT 7TH FLOOR APPEJAY HOUSE 15 PARK STREET KOLKATA 700016 AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER G.S. ROAD CHRISTAN BASTI GUWAHATI 781005 REPRESENTED BY THE LEGAL MANAGER VERSUS SMT MADURI DEB ROY W/O LATE ALOK ROY CARE OF SRI SWAPAN BHOWMIK R/O RABINDRA NAGAR LANE VIVEKANANDA ROAD WARD NO. 26 HOUSE NO. 37 LANE NO. 27 P.S. SILCHAR DIST. CACHAR ASSAM Page No.# 2/3 PIN 788152 2:MS. ANKITA ROY D/O LATE ALOK ROY R/O RABINDRA NAGAR LANE VIVEKANANDA ROAD WARD NO. 26 HOUSE NO. 37 LANE NO. 27 POLICE STATION SILCHAR DIST. CACHAR ASSAM PIN 788152 ------------ Advocate for : Tridib Kalita Advocate for : appearing for SMT MADURI DEB ROY BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 01.12.2025 This application under Order XLI, Rule 5 of the CPC has been filed praying for stay of the impugned judgment and order dated 03.10.2024 passed by the learned Member Motor Accident Claims Tribunal No.2, Hailakandi in MAC Case 74 of 2016. The learned counsel for the appellant/applicant has impugned the judgment and award dated 03.10.2024 in the connected MACApp.352/2025 and stated that there are good grounds considering the fact that the judgment and award dated 03.10.2024 is against the relevant provisions of the Motor Vehicles Act which sets out the requirement of an insurance policy and the impugned judgment and award is in violation of section 147 on the ground that the deceased was not a third party. The learned counsel for the applicant accordingly submits that balance of Page No.# 3/3 convenience is in favour of the appellant and if the impugned judgment and award dated 03.10.2024 passed in MAC 74 of 2016 is not stayed, the appellant shall suffer irreparable loss and injury and the very purpose of filing the appeal would be frustrated. The Court has considered the submission of the learned counsel and perused the pleadings and is of the view that it is a fit case to stay the judgment and award dated 03.10.2024. Accordingly, the judgment and award dated 03.10.2024 shall remain stayed during the pendency of the present appeal subject to deposit of the 50% of the award before the registry of this Court within 6(six) weeks from today. I.A. is disposed of. JUDGE Comparing Assistant