I.A.(Civil)/2010/2026 of MRS HUNPAHI AHOM Vs ICICI LOMBARD GENERAL INSURANCE COMPANY LTD on 17 September 2026

ORDER

Date : 18.09.2026

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.

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”.

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.

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.

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.

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

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.

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.

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.

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

JUDGE Comparing Assistant