SMTI. GIRO BALA RAJBONGSHI AND 2 ORS. v. M/S. UNITED INDIA INSURANCE CO. LTD.,
I.A.(Civil)/176/2024 · 2026-04-28
Yarenjungla Longkumer
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2129 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2129 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010009932024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/176/2024 SMTI. GIRO BALA RAJBONGSHI AND 2 ORS.
W/O- LATE TARUN RAJBONGSHI, MOTHER OF THE DECEASED MONESWAR RAJBONGSHI.
2: SRI PINKU RAJBONGSHI SON OF THE DECEASED.
3: MISS PRIANKA RAJBONGSHI DAUGHTER OF THE DECEASED RESPONDENT NOS. 2 AND 3 ARE MINORS AND REP. BY RESPONDENT NO. 1 ALL ARE RESIDENTS OF BALITARA P.S. GHOGRAPAR P.O. GHOGRAPAR- 781369 DIST.- NALBARI ASSAM VERSUS M/S. UNITED INDIA INSURANCE CO. LTD., HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, CHRISTIANBASTI, GUWAHATI-5, REP. BY ITS CHIEF REGIONAL MANAGER. Advocate for the Petitioner : MR J MOLLAH, MS. S P DAS,MRS. A BHANU Advocate for the Respondent : MR. R C PAUL,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 29-04-2026 By filing the instant application, the claimant respondents as applicants has prayed for release of the amount of 50% of the compensation amount awarded by the learned Tribunal in MAC No.2775/2015. Heard the learned counsel for the applicant Mr. J. Mollah. It is submitted by the learned counsel that the learned Tribunal had passed the impugned order dated 28.01.2019 in MAC No.2775/2015 and awarded an amount of Rs.11,86,800/- as compensation. Being aggrieved by the said judgment dated 28.01.2019, the appellant had preferred the connected appeal being MACApp.434/2019. Thereafter, by
order dated 26.11.2021 this Court stayed the impugned order till the returnable date subject to the condition that the insurance company shall deposit 50% of the awarded amount before the Registry of this Court. The said 50% of the awarded amount has been deposited by the insurance company before the registry of this Court. The learned counsel also submits that they had filed another I.A being I.A(Civil) 772/2025 wherein they had prayed for withdrawal of the deposited amount and by order dated 23.04.2025, the said I.A was disposed of by this Court by directing the Registry to disburse 50% of the awarded amount which has been deposited by the Insurance company in MAC Appeal No.434/2019 after proper verification of the applicants/claimants on furnishing of an indemnity bond of the like amount.
Page No.# 3/3 The learned counsel for the applicants submits that till date this amount has not been disbursed and therefore, he has been compelled to file the present I.A for compliance of the Court's order dated 23.04.2025 in I.A(Civil) 772/2025. This Court has considered the submissions of the learned counsels and also found that the order dated 23.04.2025 in I.A(Civil) 772/2025 had already directed the Registry to disburse the deposited amount to the claimants/applicants. However, due to reasons best known to the Registry, the said amount is not disbursed till now. It is therefore
directed that the Registry shall immediately release the deposited amount of 50% of the awarded amount to the applicants herein after proper verification on furnishing of an indemnity bond of the like amount. It is further submitted by the learned counsel for the applicants that out of the deposited amount the Registry has released only 50% of the deposited amount even though indemnity bond has been taken for the entire 50%. Registry is therefore disburse the remaining deposited amount to the applicants/claimants immediately upon proper verification. I.A. Stands disposed of.
JUDGE Comparing Assistant