Page No.# 1/3 GAHC010151302025 2025:GAU-AS:10880 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2201/2025 PARTHA PROTIM CHOUDHURY B/O. LT. DEBANJAN CHOUDHURY, R/O. BARPETA, W/N-20, P/O. AND P/S. BONGAIGAON, DIST. BONGAIGAON, ASSAM, PIN-783380 VERSUS NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, GUWAHATI. 2:MANINDRA CH. SARKAR S/O. SRI SAILENDRA NR. SARKAR R/O. VILL.- BAJITPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 Advocate for the Petitioner : MR. M KHAN, J AKHTARA,MR A K DAS Advocate for the Respondent : MR. R GOSWAMI, Linked Case : MACApp./160/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH Page No.# 2/3 GUWAHATI. VERSUS PARTHA PRATIM CHOUDHURY AND ORS B/O. LT. DEBANJAN CHOUDHURY R/O. BARPETA W/N-20 P/O. AND P/S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-783380 2:MANINDRA CH. SARKAR S/O. SRI SAILENDRA NR. SARKAR R/O. VILL.- BAJITPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384. ------------ Advocate for : MS. M SAIKIA Advocate for : MR R RAJKHOWA (R-2) appearing for PARTHA PRATIM CHOUDHURY AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 14.08.2025 Heard Mr. M Khan, learned counsel for the applicant and Mr. R. Goswami, learned counsel for the opposite party No. 1. Also heard Mr. R. Rajkhowa, learned counsel for the opposite party No. 2. 2) This application, under Section 151 of the Code of Civil Procedure, is preferred by the applicant for disbursement of 50% of the awarded amount, which was deposited before the Registry of this Court, in favour of the applicant/claimant/respondent No. 1. 3) Mr. Goswami, learned counsel for the appellant/opposite party No. 1 has opposed the petition on the ground that the applicant is not the dependant of the deceased, and Page No.# 3/3 as such, he is not entitled to compensation under the head “Loss of dependency”. 4) However, taking note of the submissions made by the learned counsels for both the parties, this Court is inclined to allow this application. 5) The amount deposited before the Registry of this Court shall be released in favour of the applicant, on executing one indemnity bond of the equal amount. 6) In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant