Allowed

Mrs Hunpahi Ahom v. Icici Lombard General Insurance Company Ltd.

Gauhati HC17 Sept 2026I.A.(Civil)/2010/2026

Case brief

AI extract

What is this about?

The applicant, an elderly woman facing financial hardship, sought modification of an earlier order preventing her withdrawal of deposited insurance compensation. The insurance company had no objection. The court allowed the application to modify the disbursement clause and directed the release of the funds to the claimant.

What did the court decide?

Prayer for modification of paragraph 13 of the judgment dated 28.04.2025 allowing deletion of the phrase regarding disbursement mode and directing the Registry to release Rs. 11,86,000/- to the applicant was allowed.

Mrs Hunpahi Ahom Vs Icici Lombard General Insurance Company Ltd. — Insurance | Gauhati HC (2026)

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GAHC010116772026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2010/2026

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MRS HUNPAHI AHOM

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W/O LATE PURNA KANTA AHOM RESIDENT OF VILL. JAPIHAZIA GAON, P.O. LAHOAL, DIST. DIBRUGARH, ASSAM.

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VERSUS

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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 BRANCH OFFICE AT KAMAKHYA TOWER, 3RD FLOOR, OFFICE NO 305 AND 306 GS ROAD, GUWAHATI 781005 ASSAM

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Advocate for the Petitioner : MR. B BARUAH, Advocate for the Respondent : MR. R GOSWAMI,

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Linked Case : MACApp./223/2019

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ICICI LOMBARD GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFIECE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APEEJAY HOUSE 15 PARK STREET 7TH FLOOR KOLKATA- 700016 AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO 305 AND 305 G.S ROAD GUWAHATI 781005 ASSAM

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VERSUS

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MRS. HUNPAHI AHOM and 3 ORS W/O LATE PURNA KANTA AHOM

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2:PURNA KANTA KALITA

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S/O LATE BISHADHAR AHOM BOTH ARE R/O VILL. JAPIHAZIA GAON P.O. LAHOAL DIST. DIBRUGARH ASSAM.

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3:MD. SHAKUL @ SHAKDUL SEIKH

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S/O MD. NAZRUL ALI SEIKH R/O 346 G.T. ROAD P.O. NADAUGHAT DIST. BURDAWAN WEST BENGAL DRIVER OF THE VEHICLE NO. WB-41-D-0391 TRUCK

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4:MD. MUKTA MANDAL

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S/O MD. HAIDAR MANDAL R/O VILL. BARDHEK P.O. NANDANGHAT P.S. PURBASTHALI

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BURDWAN 713515 WEST BENGAL OWNER OF THE VEHICLE NO. WB-41-D0391 TRUCK

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-----------Advocate for : MR. R GOSWAMI Advocate for : MR. B BARUAH (R1) appearing for MRS. HUNPAHI AHOM and 3 ORS

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BEFORE

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HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 18.09.2026

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Heard Mr. B. Baruah, learned counsel, appearing on behalf of the applicant. Also heard Mr. R. Goswami, learned counsel appearing on behalf of the Opposite Party/Insurance Company.

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Page No.# 3/4

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2. By this interlocutory application, the applicant has prayed for modification of paragraph No. 13 of the judgment & order dated 28.04.2025 passed by this Court in the connected appeal being MAC. A. 233/2019, to the extent to deletion of the phrase “as per the mode of disbursement and interest as mentioned in the judgment and award dated 29.11.2014”.

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3. Mr. Baruah, learned counsel for the applicant/claimant, submits that although the awarded amount of Rs. 11,86,000/- has already been deposited by the Insurance Company before the Registry of this Court, the applicant has not been able to withdraw the same in view of the aforesaid directions contained in paragraph No. 13 of the judgment & order, dated 28.04.2025. It is further submitted that, in the judgment and award dated 29.11.2014, it was also directed that out of the total awarded amount, 50% shall be deposited in the name of the claimants for a period of 5 years.

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4. Learned counsel further submitted that the applicant is an elderly women aged about 60 years and she is the sole claimant. It is also submitted that owing to her illness and financial hardship, the applicant urgently requires the compensation amount for her sustenance and livelihood. He, therefore, prays that the aforesaid direction regarding the mode of disbursement as mentioned in the judgment and award dated 29.11.2014, be suitably modified and the Registry of this Court be directed to release the deposited amount to the applicant/claimant.

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5. Mr. Goswami, learned counsel appearing on behalf of the Opposite Party/Insurance Company fairly submits that he has no objection to the prayer made by the applicant/claimant.

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6. Having considered the submissions made by the learned counsels for the

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parties,and in view of the no objection expressed on behalf of the Insurance Company, the prayer, as sought for by the applicant/claimant, is hereby allowed.

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7. Accordingly, the direction contained in paragraph No. 13 of the judgment & order dated 28.04.2025, insofar as it requires disbursement of the compensation amount “as per the mode of disbursement and interest as mentioned in the judgment and award dated 29.11.2014”, stands modified. The Registry shall release the deposited compensation amount of Rs. 11,86,000/- to the applicant/claimant, after due verification and identification of the applicant by the learned Advocate in accordance with the Notification/instruction issued by the Registry of this Court from time to time.

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8. The judgment & order, dated 28.04.2025, passed by this Court in MAC.A. 223/2019 stands modified to the extent as indicated above.

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9. The interlocutory application stands allowed and accordingly, disposed of.

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JUDGE

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Comparing Assistant

Mrs Hunpahi Ahom v. Icici Lombard General Insurance Company Ltd.

Case brief

What is this about?

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Mrs Hunpahi Ahom v. Icici Lombard General Insurance Company Ltd.

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