Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 2846 (GAU)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD v. SMTI ANJU PRADHA

I.A.(Civil)/4183/2025 · 2026-02-08

Kaushik Goswami

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010132542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4183/2025 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 KOLKATA700016 AND A BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND VERSUS SMTI ANJU PRADHA W/O LATE PRAKASH PRADHAN 2:SRI ANKIT PRADHAN S/O LATE PRAKASH PRADHAN 3:MISS AKSHITA PRADHAN D/O LATE PRAKASH PRADHAN RESIDENTS OF- MISSION PARA NEAR VIVEKANANDA VIDYALAYA SCHOOL P.O AND P.S-DIGBOI DIST-TINSUKIA ASSAM PIN-786125 RESPONDENT NOS. 2 AND 3 BEING MINORS ARE REPRESENTED BY RESPONDENT NO.1 MOTHER Page No.# 2/3 4:SRI PARTHA PRATIM BORAH S/O SRI DHARMA KANTA BORAH R/O 1 NO.CHAPATOLI P.O-BHADOI PACHALI P.S.-DULIAJAN DIST-DIBRUGARH ASSAM PIN- OWNER CUM RIDER OF THE VEHICLE NO.AS-06-X-0739 ROYAL ENFILED THUNDERBIRD ------------ Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SMTI ANJU PRADHA BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 09.02.2026 Heard Mr. R. Goswami, learned counsel appearing for the applicant. By way of this application under Order XLI Rule V of the Code of Civil Procedure, 1908, the applicant is seeking for stay of the operation of the impugned Judgment & Award dated 04.03.2025 passed by the learned Additional Member No. 1, Margherita, Tinsukia, in MAC Case No. 05/2020. Having heard the learned counsel for the applicant and having found prima facie case, the accompanying appeal being already admitted for hearing, pending adjudication thereof, there shall be stay of execution of the impugned award, subject to the condition that the appellant deposits 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from today. Upon such deposit being made, the claimant shall be at liberty to Page No.# 3/3 approach the Registry of this Court by filing an appropriate application for release of the deposited amount. Upon such application being made, and after due verification of the identity and entitlement of the applicant, the Registry shall in accordance with law, release the deposited amount to the claimant after obtaining proper acknowledgement. Interlocutory application is accordingly disposed of. JUDGE Comparing Assistant