Page No.# 1/4 GAHC010255742024 2025:GAU-AS:2647 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3871/2024 ON THE DEATH OF MAIZAN BEGUM HER LEGAL HEIRS RATUL HUSSAIN AND 3 ORS S/O LT KALU SHAIKH HUSSAIN, R/O VILL. 3 NO. PUB DAGAON, P.O. AND P.S. BOKAKHAT, DIST. GOLAGHAT, ASSAM, PIN 785612 2: RUBUL HUSSAIN S/O LT KALU SHAIKH HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 785612 3: BABUL HUSSAIN S/O LT KALU SHAIKH HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 785612 4: RUKSHANA BEGUM D/O LT KALU SHAIKH HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 78561 VERSUS ORIENTAL INSURANCE CO LTD AND ORS HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL Page No.# 2/4 OFFICE, ULUBARI, GUWAHATI 781007, KAMRUP (M), ASSAM. 2:SURENDRA CHOUDHURY S/O LT. K.L. CHOUDHURY R/O BARIDUA AMARIGOG NEAR EAST PETROL PUMP P.O. AMERIGOG P.S. KHANAPRA GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781023 3:SAHAR ALI S/O MD. JAINUDDIN ALI R/O VILL. BARIKATI P.O. MATHTOLI P.S. BOKO DIST. KAMRUP ASSAM PIN 781136 4:KALU MOHAMMAD SEKH HUSSAIN F/O LT. BIRUL HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 78612 5:SWEETY KAPOOR HUSSAIN W/O LT. BIRUL HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 785612 6:SUHAIL HUSSAIN S/O LATE BIRUL HUSSAIN R/O VILL. 3 NO. PUB DAGAON P.O. AND P.S. BOKAKHAT DIST. GOLAGHAT ASSAM PIN 785612 (OPPOSITE PARTY NO 6 IS BEING MINOR REPRESENTED BY OPPOSITE PARTY NO Advocate for the Petitioner : MR G JALAN, Page No.# 3/4 Advocate for the Respondent : MS. R D MOZUMDAR, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 12.03.2025 1. Learned counsel Mr. G.Jalan is present for the applicants Ratul Hussain, Rubul Hussain, Babul Hussain and Rukshana Begum. Learned counsel Mr. S.P.Sharma is present on behalf of the insurance company. 2. It is submitted by the applicant that this Court vide order dated 29.02.2024 passed in I.A.(Civil) No.3040/2022 directed the insurance company to deposit 50% of the awarded amount in connection with MAC Appeal No. 989/2017. Vide Judgment and Award dated 06.03.2020, the learned Member, MACT No.3, Guwahati directed the insurer to pay an award of Rs.53,83,744/- with interest @ of 7.5 % per annum to the claimants/legal heirs of the deceased. It is submitted by the applicant that mother of Maizan Begum died on 16.04.2024. Being legal heirs, they have prayed for her share to be withdrawn (Rs.8,45,936/-) Rupees Eight Lacs Forty Five Thousand Nine Hundred and Thirty Six only). 3. The Judgment and Order passed by the learned Tribunal clearly reflects that out of the total awarded amount, Rs.20,00,000/- (Rupees Twenty Lakhs) is to be kept as Fixed Deposit in the name of the minor claimant, Suhail Hussain and a sum of Rs.12,00,000/- (Rupees Twelve Lakhs) is to be paid to Maizan Begum, mother of the deceased and the remaining amount is to be paid to the claimant No. 1, Sweety Kapoor Hussain. Page No.# 4/4 4. Considering the submissions at the Bar, the applicants who have submitted the legal heirs certificate and the death certificate of Maizan Begum along with the application are allowed to withdraw their share of Rs.8,45,936/- from the Registry of this Court. 5. Registry is also directed to calculate the apportionment of the amount and verify the documents to be submitted by the legal heirs of late Maizan Begum, and thereafter allow withdrawal of their share submitted to be Rs.8,45,936/- . 6. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant