Page No.# 1/5 GAHC010100052025 2025:GAU-AS:6864 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1519/2025 SMT JUPITARA SARMAH AND 2 ORS AGED ABOUT 28 YEARS, W/O LATE MANASH JYOTI SARMAH, R/O - VILLAGE - AWARIAGAON, THENGAL MOUZA,P.O - JALUKONIBARI, P.S TITABAR, DISTRICT- JORHAT, ASSAM, PIN- 785106. 2: SRI DARSHEEL SARMAH AGED ABOUT 6 YEARS S/O LATE MANASH JOYTI SARMAH R/O-VILLAGE- AWARIAGAON THENGAL MOUZA P.O- JALUKONIBARI P.S- TITABAR DISTRICT- JORHAT ASSAM PIN- 785106. 3: SMTI RUMI DEVI W/O SRI AJIT SARMAH R/O- VILLAGE- AWARIAGAON THENGALMOUZA P.O- JALUKONIBARI P.S- TITABAR DISTRICT- JORHAT ASSAM PIN- 785106 VERSUS NEW INDIA ASSURANCE CO LTD AND ORS HAVING ITS REGISTERED OFFICE AT 87, M.G ROAD, FORT, MUMBAI- 400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE AT LACHIT NAGAR, G.S ROAD, GUWAHATI, ASSAM- 781007 AND ONE OF ITS BRANCH OFFICE AT JORHAT. 2:SHRI ABHINAY BAISHYA Page No.# 2/5 S/O- JITENDRA CHANDRA BIASHYA RESIDENT OF HOUSE NO. 117 RAJIB NAGAR DURGA MANDIR NEAR 10TH APBN P.S KAHILIPARA DISTRICT- KAMRUP (M) ASSAM. 3:SRI KRISHNA URANG S/O JITU URANG R/O BAGORI P.O JOKHALABANDHA DISTRICT- NAGAON ASSAM Advocate for the Petitioner : MR B D DAS, MR J LOTHA,MR. H R DAS,MR H K SARMA Advocate for the Respondent : MR. R K BHATRA, Linked Case : MACApp./394/2024 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI- 400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE AT LACHIT NAGAR G.S. ROAD GUWAHATI ASSAM- 781007 AND ONE OF ITS BRANCH OFFICE AT JORHAT. VERSUS JUPITARA SARMAH AND 4 ORS. W/O LATE MANASH JYOTI SARMAH VILL.- AWARIA GAON THENGAL MOUZA P.O.- JALUKONIBARI P.S.- TITABAR DIST.- JORHAT Page No.# 3/5 ASSAM PIN- 2:DARSHEEL SARMAH S/O LATE MANASH JYOTI SARMAH VILL.- AWARIA GAON THENGAL MOUZA P.O.- JALUKONIBARI P.S.- TITABAR DIST.- JORHAT ASSAM PIN- 3:RUMI DEVI W/O AJIT SARMAH VILL.- AWARIA GAON THENGAL MOUZA P.O.- JALUKONIBARI P.S.- TITABAR DIST.- JORHAT ASSAM PIN- 4:ABHINAY BAISHYA S/O JITENDRA CHANDRA BAISHYA R/O HOUSE NO. 117 RAJIB NAGAR DURGA MANDIR NEAR 10 TH APBN P.S.- KAHILIPARA DIST.- KAMRUP (M) ASSAM PIN- 5:KRISHNA URANG S/O JITU URANG R/O BAGORI P.O.- JOKHALABANDHA DIST.- NAGAON ASSAM PIN- ------------ Advocate for : MR. R K BHATRA Advocate for : MR B D DAS (R1) appearing for JUPITARA SARMAH AND 4 ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28.05.2025 1. Heard Mr. B. D. Das, learned senior counsel assisted by Mr. H. R. Das, the learned counsel for the applicant. Also heard Ms. A. Biyani, the learned counsel appearing on behalf of the respondent. 2. By an order dated 16.08.2024, passed in I.A.(Civil).No.2424/2024, this Court directed the respondent/appellant to deposit 50% of the total awarded amount before the Registry of this Court. 3. In compliance to the said order, the respondent/appellant has deposited amount of Rs.21,50,800/- being 50% of the total awarded amount of Rs.43,01,600/-. 4. By filing this application, the claimant is seeking release of the said 50% of the total awarded amount deposited by the Respondent Insurance Company. The opposite party/insurance company has filed an objection contending that the impugned award of the Motor Accident Claim Tribunal is erroneous, and that 2(two) vehicles were involved in the accident. Ms. Biyani, learned counsel further argued that the insurance company alone cannot be held liable and that the release of the amount will fasten liability on them unfairly at this stage. 5. Having heard the learned counsel for both the parties and on perusal of the material on record, this Court is of the view that the stay order, passed by this Court was conditional upon deposit of 50% of the awarded amount. 6. It is well settled that an award passed by the Tribunal even if under challenge, attains a degree of presumptive validity until set aside or modified by Page No.# 5/5 a superior forum. The purpose of directing deposit and conditional release is to balance equities between the claimant who may be in dire need of funds and the opposite party, whose liability is yet to be finally adjudicated. 7. In the present case, the release of 50% of the deposited amount would not amount to final adjudication of liability. It is subject to adjustment depending on the final outcome of the appeal. 8. In the interest of justice and to mitigate the financial hardship of the claimant, this Court finds it appropriate to allow the release of 50% of the total awarded amount deposited by the insurance company. However the claimant shall furnish an undertaking to refund the amount in the event, the award is set aside, along with the undertaking of indemnity bond. 9. In view of the above, the claimant is permitted to withdraw 50% of the total awarded amount deposited before the Registry of this Court, subject to furnishing of an undertaking an indemnity bond as stated above. Amount shall be released in terms of the judgment and award dated 18.04.2024 passed by the learned Tribunal. 10. With the above, this I.A. stands disposed of. JUDGE Comparing Assistant