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2025 DAILYLAW 16499 (GAU)

SHYAMALI MODAK v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/2334/2025 · 2025-08-03

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/2 GAHC010162282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2334/2025 In MAC App/496/2024 SHYAMALI MODAK W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 2: SRI. JAYANTA MODAK S/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 3: MISS JOYSHREE MODAK D/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 4: SMT. GIRIBALA MODAK W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK. ALL ARE RESIDENT OF VILL.- BISHAKHOBA PART-1 P/S. GOLAKGANI DIST. DHUBRI ASSAM. (THE CLAIMANT NO.2 AND 3 BEING MINOR SHALL BE REPRESENTED BY THEIR MOTHER i.e. CLAIMANT NO.1 VERSUS THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP, ASSAM. Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. S K GOSWAMI, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 04-08-2025 Heard Shri A. R. Agarwal, learned counsel for the applicant. Also heard Shri R. Sarma, learned counsel for the Insurance Company. This matter was settled in the Lok Adalat which was held on 08.03.2025. Shri Agarwal, the learned counsel for the claimant has however submitted that due to inadvertence an incorrect submission was made regarding the withdrawal of the 50% deposited amount. He has clarified that such withdrawal was not made earlier and therefore the said aspect is required to be clarified by this Court. Shri R. Sarma, learned counsel for the Insurance Company does not object to the aforesaid prayer. In view of the aforesaid facts and circumstances, it is clarified that the earlier deposited amount of 50% of the award be also released by the Registry to the claimant no. 1 who is to be identified by the learned counsel. IA stands disposed of. JUDGE Comparing Assistant