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2024 DAILYLAW 2289 (GAU)

RUPA BORA, v. ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS

I.A.(Civil)/276/2024 · 2026-07-20

Mridul Kumar Kalita

body2024

Judgment text

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Page No.# 1/4 GAHC010148412023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/276/2024 RUPA BORA W/O SRI DINA BORA RESIDENT OF NA DHALPURIA MOUZA SILPUKHURI PO MORIGAON PS MIKIRBHETA DIST MORIGAON ASSAM PIN 782105 VERSUS ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI GS ROAD ULUBARI GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI 781005R D MO 2:CREATIVE CONSULTANT AND BUILDERS VIVEKANANDA ROAD PO AND PS SILCHAR DIST CACHAR ASSAM 788007 3:RAHIM UDDIN BORBHUYAN S/O RASHID ALI BORBHUYAN RESIDENT OF VILLAGE SWAPANPUR Page No.# 2/4 PO AND PS KATLICHERRA DIST HAILAKANDI ASSAM 788161 ------------ Advocate for : MRS. P B HAZARIKA Advocate for : MS. R D MOZUMDAR appearing for ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS Main Case: MACApp./267/2023 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007, REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781005 VERSUS RUPA BORA AND 2 ORS. W/O SRI DINA BORA RESIDENT OF NA DHALPURIA, MOUZA SILPUKHURI, PO MORIGAON, PS MIKIRBHETA, DIST MORIGAON, ASSAM 782105 2:CREATIVE CONSULTANT AND BUILDERS VIVEKANANDA ROAD PO AND PS SILCHAR DIST CACHAR ASSAM 788007 3:RAHIM UDDIN BORBHUYAN S/O RASHID ALI BORBHUYAN RESIDENT OF VILLAGE SWAPANPUR PO AND PS KATLICHERRA DIST HAILAKANDI ASSAM 78816 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. S Ali (r-1), MRS. P B HAZARIKA (r-1) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 21.07.2026 1. Heard Mr. S. Ali, the learned counsel for the applicant. Also heard Ms. R. D. Mozumdar, the learned counsel for the respondent. 2. This Interlocutory Application has been filed by the claimant/applicant in connection with MAC Appeal No. 276/2023 praying for allowing the claimant/applicant to withdraw the 50% of the awarded amount (Rs. 5,79,000/-) which has been deposited by the Insurance Company (the appellant) before the Registry of this Court in pursuant to the direction given by this Court on 19.07.2023 in I.A. (Civil) 1938/2023 for staying the execution of the impugned judgment and award. 3. The Insurance Company has deposited the same amount on 12.01.2024. It is pertinent to mention herein that the connected appeal was fixed for final hearing today, however, on a submission made by learned counsel for the appellant alleging fraud being played on the Motor Accident Claims Tribunal, sometime was granted to the Insurance Company to file appropriate application in the connected MAC Appeal and, therefore, there is unlikelihood that the connected MAC Appeal would be decided at the earliest, as such, this Court is inclined to allow this Interlocutory Application. Page No.# 4/4 4. Accordingly, the amount 50% of the awarded compensation (Rs.5,79,000/), which has been deposited by the Insurance Company before the Registry of this Court in pursuant to the aforementioned order shall be disbursed to the applicant/claimant, namely Smt. Rupa Bora by the Registry on furnishing of bond of the said amount after proper verification. 5. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant