Page No.# 1/5 GAHC010243842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/360/2026 ICICI LOMBARD GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI 400025 ONE OF ITS BRANCH OFFICES AT 305-306 KAMAKHYA TOWERS MSS PATH CHRISTIANBASTI GUWAHATI 5 KAMRUP METRO ASSAM PIN 781005 VERSUS TANMOY DAS AND 3 ORS S/O LT SURJYA KANTA DAS 2:TUKHESWAR DAS S/O LT SURJYA KANTA DAS R/O VILL TINGRAIHULLA PS TENGAKHAT DIST DIBRUGARH ASSAM PIN 786103 3:HEMA TAMULI S/O MOTIRAM TAMULI R/O VILL DIHING ERA HUTTI PS DULIAJAN DIST DIBRUGARH ASSAM PIN 786007 4:SANTI RAM CHETRY S/O LT G CHETRY R/O TENGAKHAT HATIBONDHA PO AND PS TENGAKHAT DIST DIBRUGARH ASSAM PIN 786103 ------------ Advocate for : MR. A J SAIKIA Advocate for : MR. K R BORA appearing for TANMOY DAS AND 3 ORS Page No.# 2/5 Main Case : MACApp./49/2026 ICICI LOMBARD GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI 400025 ONE OF ITS BRANCH OFFICES AT 305-306 KAMAKHYA TOWERS MSS PATH CHRISTIANBASTI GUWAHATI 5 KAMRUP METRO, ASSAM PIN 781005 VERSUS TANMOY DAS AND 3 ORS S/O LT SURJYA KANTA DAS R/O VILL TINGRAIHULLA PS TENGAKHAT DIST DIBRUGARH ASSAM PIN 786103 2:TUKHESWAR DAS S/O LT SURJYA KANTA DAS R/O VILL TINGRAIHULLA PS TENGAKHAT DIST DIBRUGARH ASSAM PIN 786103 3:HEMA TAMULI S/O MOTIRAM TAMULI R/O VILL DIHING ERA HUTTI PS DULIAJAN DIST DIBRUGARH ASSAM PIN 786007 4:SANTI RAM CHETRY S/O LT G CHETRY R/O TENGAKHAT HATIBONDHA PO AND PS TENGAKHAT DIST DIBRUGARH ASSAM PIN 78610 Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA,MR. S PEGU Advocate for the Respondent : MR. K R BORA, FOR CAVEATOR,R GOGOI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 20.07.2026 1. Heard Mr. A. J. Saikia, the learned counsel for the applicant. Also heard Mr. K. R. Bora, the learned counsel for the claimant/opposite party. 2. This application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 has been preferred by the applicant-Insurance Company ICICI Page No.# 3/5 Lombard General Insurance Company Limited praying for stay of execution of the impugned judgment and award dated 02.08.2025 passed by the Motor Accident Claim Tribunal, No. 1, Kamrup (M), Guwahati in MAC Case No. 1858/2021. 3. The learned counsel for the applicant submits that the judgment and award dated 02.08.2025 passed by the Motor Accident Claim Tribunal, No. 1, Kamrup (M), Guwahati in MAC Case No. 1858/2021 has been impugned in the connected MAC Appeal No. 49/2026 and the said appeal has already been admitted. 4. He, therefore, submits that during the pendency of the said appeal, the execution of the impugned judgment and award may be stayed. 5. He also submits that though, the Insurance Company is agreeable to deposit 50% of the awarded amount as a condition for grant of stay of the impugned judgment and award. However, the same may not be disbursed to the claimant, as the victim was one of the occupant of the offending motorcycle, who was not covered under the policy of insurance of the said. 6. He submits that the own damage policy of the said vehicle expired on 19.03.2021, whereas the accident occurred on 16.04.2021. He submits that only the insurance coverage as regards the third party was valid up to 19.03.2025 and as the deceased was an occupant of the offending vehicle, he may not be regarded as third party in this case and as such, the 50% of the awarded amount which may be deposited by the Insurance Company may not be disbursed to the claimant. Page No.# 4/5 7. On the other hand, Mr. K. R. Bora submits that the Tribunal has considered the rulings of the Apex Court as well as statutory provisions contained in Motor Vehicle Act and has held that the deceased was covered under the policy of insurance and, as such, if the stay of impugned judgment and award is granted in this Interlocutory Application, the same may be subject to deposit of 50% of the awarded amount and same may be disbursed to the claimant. 8. I have considered the submissions made by the counsel for both sides. 9. Since the connected appeal has been admitted, hence, sometime may be required for disposal of the said appeal. The execution of the impugned judgment and award is required to be stayed during the pendency of the connected appeal, as such, this Interlocutory Application is allowed and the execution of the impugned judgment and award shall remain stayed during the pendency of the connected MAC Appeal No. 49/2026, subject to deposit of 50% of the awarded amount by the applicant before the Registry of this Court within a period of six weeks from the date of this order. 10. Though, the learned counsel for the applicant has objected to disbursing the said deposited amount to the claimant/opposite party, on the ground that the appeal is likely to be allowed and the deceased may not be regarded as third party, so as to get the insurance coverage. However, the contention raised by the appellant needs to be examined and same can be done only during the hearing of the connected appeal. 11. The apprehension shown by the learned counsel for the applicant may be taken care of by directing the claimant/respondent to furnish indemnity Page No.# 5/5 bond in the event of disbursal of the said deposited amount to the claimant respondent. As such, in the event the Insurance Company deposit, the 50% of the awarded amount as directed by this Court shall be disbursed to the claimant/respondent on furnishing an indemnity bond of equal value, which is deposited by the Insurance Company after proper verification. 12. This Interlocutory Application is accordingly, disposed of. JUDGE Comparing Assistant