Page No.# 1/3 GAHC010228472024 2025:GAU-AS:5247 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3451/2024 GIRIDHAR DAS S/O LATE RUPGHAR DAS, R/O KUKURMARA, 3 NO. ANTOLA, P.O.- KUKURMARA, P.S.- CHHAYGAON, KAMRUP (R), ASSAM, PIN- 781124. VERSUS UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI, TAMIL NADU AND ONE OF THE REGIONAL OFFICE AT CHRISTIAN BASTI, G.S. ROAD, GUWAHATI- 07. Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : MR K BHATTA, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 30.04.2025 Heard Mr. D Mondal, learned counsel for the applicant. I have also heard Ms. A Biyani, learned counsel for the respondent, Insurance Company. Page No.# 2/3 By an order dated 27.09.2024, this court directed the Insurance Company to deposit 50% of the total awarded amount before the registry of this court. In compliance of the said direction, the respondent/Insurance Company has deposited the 50% of the total awarded amount before the registry of this court. By filing this application, the applicant/claimant seeks a direction to release the said 50% of the amount deposited by the respondent Insurance Company. Ms. Biyani, learned counsel for the respondent/Insurance Company while referring to the objection submits that even on merit also, the driver of the offending vehicle did not have a valid driving license at the time of the accident. Hence, the Insurance Company is not liable to pay the amount. Thus she has an objection for condonation. The learned counsel for the petitioner submits that due to shifting of the liability, the claimant should not suffer, even if the liability is shifted from Insurance Company to the owner, the Insurance Company can recover the amount from the owner. In view of the above and upon consideration, this court is of the view that 50% of the awarded amount deposited by the respondent before the registry can be released to the applicant/claimant. Accordingly the prayer is allowed. The registry is directed to release the deposited amount to the applicant/claimant on furnishing a indemnity bond of like Page No.# 3/3 amount and on proper identification by the advocate. With the above, the I.A stands disposed of. JUDGE Comparing Assistant