Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 8130 (GAU)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD v. SMTI KARABI DAS AND 5 ORS

I.A.(Civil)/363/2026 · 2026-06-14

Yarenjungla Longkumer

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010015482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./50/2026 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 306, G.S. ROAD, GUWAHATI 781005, ASSAM. VERSUS SMTI KARABI DAS AND 5 ORS W/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI, P.S. NALBARI, DISTRICT-NALBARI, ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 2:SRI DIPANKAR DAS S/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 3:MAULINA DAS D/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 4:SMTI DHARESWARI DAS Page No.# 2/5 W/O LATE RAMA KANTA DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 5:BHAYRAB DAIMARY S/O RABIRAM DAIMARY R/O-VILLAGE-PASCHIM DIRINGAPUR P.S.BARBORI P.O.AMINGAON DIST-BAKSA ASSAM PIN-781031. OWNER OF VEHICLE NO.AS-14J/9501M/C 6:SRI INDRAJIT DAS S/O SRI BARUN DAS VILLAGE-POLASHI P.S.BARBORI DISTRICT-BAKSA ASSAM PIN-781343. OWNER OF VEHICLE NO.AS-14J/9501M/ Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. J KALITA(R1,4), AMAN ALI(R1,4),MR SOHAING(R1,4) Linked Case : I.A.(Civil)/363/2026 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 306 G.S. ROAD GUWAHATI 781005 ASSAM. VERSUS Page No.# 3/5 SMTI KARABI DAS AND 5 ORS W/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 2:SRI DIPANKAR DAS S/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 3:MAULINA DAS D/O LATE GAUTAM DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 4:SMTI DHARESWARI DAS W/O LATE RAMA KANTA DAS RESIDENTS OF- VILLAGE-KENDUKUCHI P.S. NALBARI DISTRICT-NALBARI ASSAM PIN-781341. CLAIMANTS RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 5:BHAYRAB DAIMARY S/O RABIRAM DAIMARY R/O-VILLAGE-PASCHIM DIRINGAPUR P.S.BARBORI P.O.AMINGAON DIST-BAKSA ASSAM PIN-781031. OWNER OF VEHICLE NO.AS-14J/9501M/C 6:SRI INDRAJIT DAS S/O SRI BARUN DAS VILLAGE-POLASHI P.S.BARBORI DISTRICT-BAKSA ASSAM PIN-781343. OWNER OF VEHICLE NO.AS-14J/9501M/C ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for SMTI KARABI DAS AND 5 ORS Page No.# 4/5 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 15/06/2026 The instant application has been preferred praying for stay of the impugned judgment and award dated 30.10.2025 passed by the learned Member, MACT, NALBARI in MAC Case No.57/2023. 2. Learned counsel, Ms. P. Borthakur is present for the appellant. 3. Respondent Nos.1,2,3& 4 has already entered appearance by filing vakalatnama. And learned counsel, Mr. J. Kalita has entered appearance for the Respondent Nos.1,2,3& 4. 4. Learned counsel for the applicant submits that the appellant has filed an appeal against the impugned judgment and dated 30.10.2025, which has been admitted before this Court and it is stated that the applicant has taken good grounds for appeal which is likely to succeed and therefore, the judgment may be stayed during the pendency of the appeal failing which irreparable loss will be caused to the applicants. She has submitted that the applicant is willing to deposit 50% of the awarded amount. Accordingly, the impugned judgment and award dated 30.10.2025 is suspended subject to the condition that the applicant shall deposit 50% of the awarded amount before the Registry of this Court within 6(six) weeks from today. 5. The claimant/respondent Nos. 1,2,3&4 may be allowed to withdraw the deposited 50% of the award subject to execution of an indemnity bond and also Page No.# 5/5 subject to a proper identification and verificationby the learned counsel for the claimant. I.A. stands disposed. JUDGE Comparing Assistant