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2025 DAILYLAW 18277 (GAU)

SABITRI KALITA v. NATIONAL INSURANCE COMPANY LIMITED

I.A.(Civil)/2849/2025 · 2025-08-31

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010191012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2849/2025 SABITRI KALITA W/O. LT. TANKESWAR KALITA, R/O. VILL. LACHIPATHAR, P/O. MOITRI ASHRAM,P/S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN- 787051. VERSUS NATIONAL INSURANCE COMPANY LIMITED HAVING ITSREGISTERED OFFICE AND HEAD OFFICE OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGHAR, G.S. ROAD, GUWAHATI-781005, REP. BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE 2:KUSHA KALITA LECHAIGAON PANIGAON LAKHIMPUR ASSAM 787052 2:KUSHA KALITA S/O. SMT. BASANTI KALITA R/O. VILL. LECHAIGAON P/O. NARAGAON P/S. PANIGAON DIST. LAKHIMPUR ASSAM PIN-78705 Advocate for the Petitioner : MR J KALITA, Advocate for the Respondent : MR. T KALITA, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 01.09.2025 Heard Mr. J. Kalita, learned counsel for the applicant. Also heard Mr. T. Kalita, learned counsel or the respondent. By order dated 09.06.2025, this Court, while staying the operation of the impugned judgment and order dated 04.11.2024 passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020, directed the respondent/Insurance Company to deposit 50% of the total awarded amount. In compliance with the said direction, the Insurance Company has deposited 50% of the total awarded amount. By this application, the applicant/claimant prays for release of the said 50% amount deposited before the Registry. Mr. Kalita, learned counsel for the respondent/Insurance Company, has submitted that the offending vehicle was covered under a private car liability policy only, and therefore the maximum amount payable to the claimant is Rs. 2 lakhs. In view of the above, the applicant would be entitled to an amount of Rs. 2 lakhs with interest. Accordingly, the Registry is directed to release an amount of Rs. 3 lakhs to the applicant, inclusive of interest, upon proper verification of the claimant’s bank details, Aadhaar Card, PAN Card, etc. Page No.# 3/3 In terms of above, this application stands disposed of. JUDGE Comparing Assistant