Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010183372024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1854/2025 THE NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT, MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781007 AND VARIOUS DIVISIONAL, BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY. VERSUS NUMALI BOKALIAL AND 5 ORS W/O. LATE MONUJ BOKALIAL 2:MISS. MAMPEE BOKALIAL S/O. LATE MONUJ BOKALIAL ALL ARE RESIDENT OF VILLAGE- THEKERAGURI NAHARPOARA BORBIL P/O.- NAHARPOARA BORBIL P/S.- TINGKHONG DIST.- DIBRUGARH ASSAM PIN-786612 3:SHRI. PULLIN MECH S/O.- SRI. LACHI MECH R/O.- SUKAFA NAGAR P/O. AND P/S. MOTHURAPUR DIST.- SIVASAGAR ASSAM PIN-785689 4:SHRI. BHARAT PRASAD MISHRA
Page No.# 2/4 S/O. LATE SULHAI PRASAD MISHRA R/O. HIJUGURI NEW COURT ROAD P/O. AND P/S. TINSUKIA DIST. TINSUKIA ASSAM PIN-786125 5:UNITED INDIA INSURANCE COMPANY LTD. REPRESENTED BY THE REGIONAL OFFICE CHIBBER HOUSE M.S.S. PATH CHRISTIANBASTI GUWAHATI DIST. KAMRUP(M) ASSAM PIN-78100 Advocate for the Petitioner : MR. A J SAIKIA, MR. S. PEGU Advocate for the Respondent : MS. S E AHMED(R-1,2), M AHMED(R-1,2),MR G BOKALIAL(R- 1,2) Linked Case : MACApp./492/2024 NUMALI BOKALIAL W/O. LATE MONUJ BOKALIAL 2: MISS. MAMPEE BOKALIAL S/O. LATE MONUJ BOKALIAL ALL ARE RESIDENT OF VILLAGE- THEKERAGURI NAHARPOARA BORBIL P/O.- NAHARPOARA BORBIL P/S.- TINGKHONG DIST.- DIBRUGARH ASSAM PIN-786612 3: SRI DEBABRAT BOKALIAL S/O. LATE MONUJ BOKALIAL ALL ARE RESIDENT OF VILLAGE- THEKERAGURI NAHARPOARA BORBIL P/O.- NAHARPOARA BORBIL P/S.- TINGKHONG DIST.- DIBRUGARH ASSAM PIN-786612
Page No.# 3/4 VERSUS THE NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR M.S.S. PATH LACHIT NAGAR GUWAHATI-781007 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY. ------------ Advocate for : MS. S E AHMED Advocate for : MR. A J SAIKIA appearing for THE NEW INDIA ASSURANCE CO LTD
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.10.2025
Heard Ms. S. E. Ahmed, learned counsel appearing on behalf of the applicant/claimants. Also heard Mr. A. J. Saikia, learned counsel appearing on behalf of the Insurance Company.
By order, dated 18.09.2024, while staying the operation of the judgment & award, dated 01.06.2024, passed by the learned Member, Motor Accident Claim Tribunal-cum-Additional District Judge(FTC), Dibrugarh, in MAC Case No. 11/2016; this Court had directed the appellant Insurance Company to deposit 50% of the total awarded amount before the Registry of this Court. In compliance of the said directions; the appellant Insurance Company has deposited 50% of the total awarded amount before the Registry of this Court i.e. Rs. 16,97,660/- on 22.10.2024. Page No.# 4/4 By this application, the applicants/claimants have prayed for withdrawal of the above-noted amount. Mr. Saikia, learned counsel for the Insurance Company, has, however, opposed the said prayer. Considering the fact that the applicants/claimants have not yet received any amount as compensation, the prayer for withdrawal of the 50% of the total awarded amount before the Registry of this Court i.e. Rs. 16,97,660/- is accepted. In view of the above, the Registry is directed to release 50% of the total awarded amount deposited before the Registry of this Court i.e. Rs. 16,97,660/- to the applicants/claimants after proper verification as well as on furnishing a bond of like amount. With the above directions, the interlocutory application accordingly stands allowed and disposed of. JUDGE Comparing Assistant