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2025 DAILYLAW 13531 (GAU)

JABA RANI MISRA v. GIAS UDDIN

I.A.(Civil)/1772/2025 · 2025-06-05

Budi Habung

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Judgment text

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Page No.# 1/3 GAHC010118732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1772/2025 JABA RANI MISRA WIFE OF LATE SAMARJIT SHARMA,RESIDENT OF VILLAGESHIBERGOOL, P.O. AND P.S. BAZIRICHERRA, DIST. KARIMGANJ, ASSAM. PIN- 788727 AND PRESENT ADDRESS IS C/O MONI SINGHA VILLAGE-RAJYESWARPUR PT- IV, P.O. MIRILGOOL, P.S. LALA, DIST. HAILAKANDI, ASSAM. 2: SRI BALAI SHARMA S/O-LT. GOLAP SHARMA RESIDENT OF VILLAGESHIBERGOOL P.O. AND P.S. BAZIRICHERRA DIST. KARIMGANJ ASSAM. PIN- 788727 AND PRESENT ADDRESS IS C/O MONI SINGHA VILLAGERAJYESWARPUR PT-IV P.O. MIRILGOOL P.S. LALA DIST. HAILAKANDI ASSAM. PIN- 788723 3: MUKTA SHARMA W/O- BALAI SHARMA RESIDENT OF VILLAGESHIBERGOOL P.O. AND P.S. BAZIRICHERRA DIST. KARIMGANJ ASSAM. PIN- 788727 AND PRESENT ADDRESS IS C/O MONI SINGHA VILLAGERAJYESWARPUR PT-IV P.O. MIRILGOOL P.S. LALA DIST. HAILAKANDI ASSAM. PIN- 788723 4: SHIBANGI SHARMA D/O-LT. SAMARJIT SHARMA (APPELLANT NO. 4 BEING MINOR IS REP. BY HER MOTHER APPELLANT NO. 1) Page No.# 2/3 PERMANENT R/O- VILL-BERGOOL P.O. AND P.S. BAZIRICHERRA DIST. KARIMGANJ ASSAM. PIN- 78872 VERSUS GIAS UDDIN S/O-LT. ISHAD ALI,R/O-VILL-KALOMPUR,P.O-KATAMONI,P.S- BAZARICHERRA,DIST-KARIMGANJ,ASSAM-788728.(DRIVER OF THE VEHICLE) 2:ALTAB UDDIN S/O-MAMOD ALI R/O-VILL-ICHARPAR P.O-KATAMONI P.S-BAZARICHERRA DIST-KARIMGANJ ASSAM-ASSAM-788728 (OWNER OF THE VEHICLE) 3:THE ORIENTAL INSURANCE CO LTD REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE ULUBARI GUWAHATI-781007 Advocate for the Petitioner : MR. M TALUKDAR, Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER 06.06.2025 Heard Mr. M. Talukdar, learned counsel for the applicants. It is submitted that the applicants/claimants filed MAC Appeal No.317/2024 before this Court for enhancement of the quantum of compensation in MAC Case No.98/2017 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Hailakandi, Page No.# 3/3 Assam. But, during the pendency of the said appeal, the opposite party No.3/insurance company deposited the entire amount before the learned Tribunal. However, the aforesaid deposited amount could not be released to the applicants/claimants in absence of the record as the record has already been transmitted to this Court in connection with MAC Appeal No.317/2024. By this application, the applicants seek for a direction to the Registry to send back the record of MAC Case No.98/2017 to the learned Member, MACT, Hailakandi, Assam, in order to enable the applicants/claimants to withdraw the amount deposited by the opposite party No.3/insurance company. The prayer is considered and allowed. The Registry is directed to send back the record of MAC Case No.98/2017 to the learned Member, MACT, Hailakandi, Assam, in order to enable the learned Tribunal to pass necessary order for withdrawal of the deposited amount to the applicants/claimants. With the above direction, the I.A. stands disposed of. After completion of the necessary procedure for release of the deposited amount, the learned MACT, Hailakandi, Assam shall transmit back the MAC Case No.98/2017 to this Court in MAC Appeal No.317/2024. Comparing Assistant Sd/- Budi Habung JUDGE