Page No.# 1/3 GAHC010086942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1349/2025 SMT DIPAMONI BORBORAH W/O BHRIGU BORBORAH, RESIDENT OF VILLAGE TIPAM GAON, PS JOYPUR, DIST DIBRUGARH, ASSAM 786614 2: MISS VAILINA BORBORA D/O BHRIGU BORBORAH RESIDENT OF VILLAGE TIPAM GAON PS JOYPUR DIST DIBRUGARH ASSAM 786614 TO BE REP. BY RES. NO. 1 3: MASTER ANURAG BORBORAH S/O BHRIGU BORBORAH RESIDENT OF VILLAGE TIPAM GAON PS JOYPUR DIST DIBRUGARH ASSAM 786614 TO BE REP. BY RES. NO. 1 4: SMTI NIRJU BORBORAH W/O SRI LILA BORBORAH RESIDENT OF VILLAGE TIPAM GAON PS JOYPUR DIST DIBRUGARH ASSAM 78661 VERSUS UNITED INDIA INSURANCE CO LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT GS ROAD, DISPUR GUWAHATI 781005 Page No.# 2/3 2:SMTI RASHMI DUTTA W/O SRI RUPANTA KUMAR DUTTA AD RESIDENCY KAMALABARI ROAD PO DULIAJAN DIST DIBRUGARH ASSAM 786602 3:SHRI PRASANTA PHUKAN S/O LATE GIRIN CHANDRA PHUKAN RESIDENT OF VILLAGE TIPLING PURANGAGHAT DULIAJAN PO AND PS DULIAJAN DIST DIBRUGARH, ASSAM 786602 4:SRI LILA BORBORAH S/O LATE MOHI KANTA BORBORAH RESIDENT OF VILLAGE TIPAM GAON PS JOYPUR, DIST DIBRUGARH, ASSAM 786614 5:THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY THE REGIONAL OFFICE STAR CITY BUILDING 5TH FLOOR M.S.S. PATH LACHIT NAGAR GUWAHATI DIST KAMRUP M ASSAM 78100 Advocate for the Petitioner : MR D KALITA, Advocate for the Respondent : MR. A J SAIKIA, MR. S. PEGU,M CHETIA BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 10.06.2025 Heard Mr. D. Kalita, learned counsel for the applicants and also heard Mr. A.J. Saikia, learned counsel for the opposite party/appellant. This interlocutory application is preferred by the applicants for releasing a sum of Rs.26,05,400/- being deposited by the opposite party/appellant pursuant to the order of this Court dated 16.09.2024 passed in I.A.(Civil) No.2835/2024. Mr. Kalita, learned counsel for the applicants submits that in MAC Case No.57/2022, Page No.# 3/3 the learned Tribunal has awarded a sum of Rs.52,10,800/-, being the compensation and directed the opposite party/appellant herein to make payment of the same and being aggrieved, the opposite party/appellant preferred one MAC Appeal, being MAC Appeal No.488/2024, wherein, this Court vide order dated 16.09.2024, in I.A.(Civil) No.2835/2024, was pleased to stay the operation of the judgment and award dated 13.05.2024, subject to deposit of 50% of the awarded amount and thereafter, the opposite party/appellant herein deposited the 50% of the awarded amount, being Rs.26,05,400/- and the same amount is required to be released in favour of the applicants herein. Mr. Saikia, learned counsel for the opposite party/appellant submits that the opposite party/appellant has filed objection and submits that the opposite party/appellant in the MAC Appeal No.488/2024 is not liable to pay the amount of compensation directed by the Tribunal, as at the relevant point of time the deceased had a learner's licence and he was driving the vehicle in the wrong side of the road and therefore, Mr. Saikia has posed in releasing the aforesaid awarded amount in favour of the applicants. The submission of Mr. Saikia has to be considered at the time of hearing the appeal. At this stage, taking note of the submission of learned counsel for both the parties and also keeping in mind the statement, object and reason behind enacting the benevolent provision in the Motor Vehicles Act, this Court is inclined to allow this interlocutory application. It is provided that the amount being deposited before the Registry of this Court shall be released in favour of the applicants on their executing an indemnity bond of equal amount. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE