Page No.# 1/4 GAHC010203672025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3033/2025 NIRU DAS WO SRI HERAMBA DAS, R/O VILL. MATIA PAHAR, P.S. AZARA, DIST. KAMRUP, ASSAM, PIN 781017 VERSUS UNITED INDIA INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI. 2:SRI RUNUMONI DAS WO LATE ARUN DAS R/O VILL. MATIA PAHAR P.S. AZARA DIST. KAMRUP ASSAM PIN 781017 3:SRI LALIT JHA S/O LATE SHAKTI JHA R/O CYBER MART BUILDING OPP. LIC BUILDING GUWAHATI DIST. KAMRUP (M) ASSAM PIN - 781001. 4:SRI SAPAN BORO S/O SRI KANTESWAR BORO R/O VILL. BIMANPARA P.O. SOUTH SALMARA P.S. DHUPDHARA Page No.# 2/4 DIST. GOALPARA ASSAM PIN - 783123 5:SRI GAUTAM DAS S/O SRI BHADRAM DAS R/O VILL. MATIA P.S. AZARA DIST. KAMRUP ASSAM PIN - 781017 6:THE NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI 5 KAMRUP (M) ASSA Advocate for the Petitioner : MR S N KRISHNATRAYA, Advocate for the Respondent : MR. R GOSWAMI, MR. S ALIM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.10.2025 1. Heard Mr. S. N. Krishnatraya, learned counsel for the applicant. Also heard Mr. S. Alim, learned counsel for the opposite party No. 1. 2. This interlocutory application has been filed by the applicant, namely, Niru Das who has been arrayed as respondent No. 3 in MAC Appeal No. 366/2025 filed by the Insurance Company/appellant. 3. The learned counsel for the applicant has submitted that by order dated 27.08.2025, a Co-ordinate Bench of this Court while admitting the appeal and Page No.# 3/4 suspending the operation of the judgment and award dated 09.09.2024 had directed the Insurance Company to deposit 50% of the total award amount before the Registry within four weeks from the date of the said order. It was further directed that on deposit of the directed amount, same shall be allowed to be withdrawn by the respondent No. 1 after proper verification and identification by their advocates. 4. The learned counsel for the applicant has submitted that the applicant is aggrieved by the observations made by the Court on 27.08.2025 to the extent that it only allowed the respondent No. 1 to withdraw the entire amount whereas the impugned judgment had proportionately distributed the award between the applicant and respondent No. 1 in the proportion of 42 is to 58 percent and, therefore, he submits that the present applicant is also entitled to withdraw 42% percent of the deposited amount. He further submits that on 27.08.2025 when the interlocutory application filed by the Insurance Company was called on for hearing, the learned counsel for the present respondent could not appear before the Court as in the cause- list which was published on that day, the name of the counsel for the present applicant was not reflected in the cause list and, therefore, the counsel missed the case. 5. On the other hand, the learned counsel for the respondent No. 1 has fairly submitted that since in the award itself the Motor Accident Claims Tribunal had proportionately distributed the amount between the applicant and the respondent No. 1 at the rate of 42% is to 58%, he has no objection if 42% of the deposited amount is disbursed to the applicant after proper verification. 6. In view of the submission made by the learned counsel for the parties, this interlocutory application is disposed of with a direction that the order dated 27.08.2025 passed in I.A.(C) No. 2687/2025 is modified to the extent that on deposit Page No.# 4/4 of 50% of the awarded amount by the Insurance Company before the Registry, same shall be disbursed to the present petitioner i.e., respondent No. 3, namely, Niru Das and respondent No. 1, namely, Smti Runumoni Das in the ratio of 42% is to 58% after proper verification by the Registry. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant