Page No.# 1/5 GAHC010190342025 2025:GAU-AS:13221 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2850/2025 GITA RANI RAMCHIARY AND ORS W/O LATE RAMAI RAMCHIARY, VILL.- BADULIPARA MUKUTAPUR, P.S.- BARBARI, DIST.- BAKSA BTAD, ASSAM, PIN- 781343. 2: MAYARANI RAMCHIARY D/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343. (BEING MINOR WILL BE REP. BY MOTHER AND NATURAL GUARDIAN RES. NO. 1). 3: ANJALI RAMCHIARY D/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343. (BEING MINOR WILL BE REP. BY MOTHER AND NATURAL GUARDIAN RES. NO. 1) VERSUS THE RELIANCE GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 19, RELAINCE CENTRE, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND CORPORATE OFFICE AT 570, RECTIFIER HOUSE, NAGAUM CROSS, NEXT Page No.# 2/5 TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA, 5TH FLOOR G.S. ROAD, BHANGAGARH GUWAHATI- 781005. Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : MR. A J SAIKIA, Linked Case : MACApp./274/2025 THE RELIANCE GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 19 RELAINCE CENTRE WALCHAND HIRACHAND MARG BALLARD ESTATE MUMBAI 400001 AND CORPORATE OFFICE AT 570 RECTIFIER HOUSE NAGAUM CROSS NEXT TO ROYAL INDUSTRIAL ESTATE WADALA (W) MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA 5TH FLOOR G.S. ROAD BHANGAGARH GUWAHATI- 781005. VERSUS GITA RANI RAMCHIARY AND 3 ORS B W/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343. 2:MAYARANI RAMCHIARY D/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD Page No.# 3/5 ASSAM PIN- 781343. (BEING MINOR WILL BE REP. BY MOTHER AND NATURAL GUARDIAN RES. NO. 1). 3:ANJALI RAMCHIARY D/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343. (BEING MINOR WILL BE REP. BY MOTHER AND NATURAL GUARDIAN RES. NO. 1). 4:THIPSI RAMCHIARY M/O LATE RAMAI RAMCHIARY VILL.- BADULIPARA MUKUTAPUR P.S.- BARBARI DIST.- BAKSA BTAD ASSAM PIN- 781343. 5:M/S ANUPAM NIRMAN PVT. LTD. R/O BHASKAR NAGAR BYE LANE NO. 2 ZOO NARENGI ROAD BESIDE BS PUBLICATION GUWAHATI KAMRUP (M) ASSAM PIN- 781024. 6:BASKAR DAS S/O DURGESWAR DAS R/O AKAYA BARPETA ASSAM PIN- 781329 DIST.- BARPETA ASSAM. ------------ Page No.# 4/5 Advocate for : MR. A J SAIKIA Advocate for : MR D MONDAL (R- 1 TO 3) appearing for GITA RANI RAMCHIARY AND 3 ORS B BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 24.09.2025. Heard Mr. D. Mondal, learned counsel for the applicants/respondent Nos.1, 2 & 3. Also heard Mr. A.J. Saikia, learned counsel for the opposite party/appellant. This is an application for a direction from this Court to release the 50% of the awarded amount which has already been deposited by the appellant Insurance Company, in pursuant to the order dated 25.07.2025, passed in I.A. (Civil) No.2063/2025, arising out of MAC Appeal No.274/2025. It is submitted by Mr. Mondal, the learned counsel for the applicants that at the time of passing of the order, there was no order of release and by the present petition, the applicants/claimants have prayed for release of the same. Mr. Saikia, the learned counsel for the opposite party/ appellant submitted in this regard that they have challenged the quantum of the award and the deceased being a Government employee, the claimants/respondents are getting the salary of the deceased. However, Mr. Saikia submitted that the Insurance Company has deposited an amount of Rs.46,37,066/- i.e. 50% of the awarded amount including interest and they have no objection if Rs.30 lacs is released to the respondent Nos.1, 2 & 3, subject to furnishing an indemnity bond. Mr. Mondal, the learned counsel for the applicants, respondent Nos.1, 2 & 3 Page No.# 5/5 submitted in this regard that if Rs.30 lacs is released to the respondent Nos.1, 2 & 3, then remaining amount of money may be refunded back to the Insurance Company, otherwise they may loose the interest portion. Hearing the submission of learned counsel for both sides and perusing the record, the prayer of the applicant is allowed. Accordingly, the Registry is hereby directed to release an amount of Rs. 30 lacs in favour of the the respondent Nos.1, 2 & 3, after due and proper verification and subject to furnishing an indemnity bond. Further, the Registry is directed to refund the remaining amount i.e. Rs.16,37,066/- (Rupees ten lakh thirty seven thousand and sixty six) only, to the appellant Insurance Company with observing all the formalities. Further, out of the releasing amount of Rs.30 lacs, it is directed to the Registry that Rs.5 lacs each to be deposited in fixed deposit in any nationalized Bank, in favour of the respondent Nos.2 & 3, till they attain majority and remaining amount of Rs.20 lacks be released in the name of the respondent No.1. With the above observation, this Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant