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2025 DAILYLAW 21395 (GAU)

KUHINUR KHATUN AND ORS v. HDFC ERGO GENERAL INSURANCE CO LTD AND 4 ORS

I.A.(Civil)/3947/2024 · 2025-01-22

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010258612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3947/2024 KUHINUR KHATUN AND ORS W/O. SAMSUL ALI DEWAN 2: SAMILA KHATUN D/O. LT SAMSUL ALI DEWAN 3: NOORJUL HOQUE S/O. LT. SAMSUL ALI DEWAN 4: SARJINA KHATUN D/O. LT. SAMSUL ALI DEWAN ALL ARE RESIDENT OF VILL.- CHOTO MOZABARI P.O. MOZABARI P.S. SIDLI DIST. CHIRANG BTR ASSAM PIN-783373 RESPONDENT NO.3 AND 5 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. VERSUS HDFC ERGO GENERAL INSURANCE CO LTD AND 4 ORS HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE, H.T. PAREKH MARG, 169, BACKBAY RECLAMATION, MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING, 6TH FLOOR, LACHIT NAGAR, G.S. ROAD, GUWAHATI, ASSAM PIN-781007. 2:THE REGIONAL MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. SREEJI TOWER 2ND FLOOR ADJACENT TO MAHINDRA SHOWROOM CHRISTIAN BASTI Page No.# 2/3 GUWAHATI-781005 DIST KAMRUP (M) ASSAM. 3:IUCHUP ALI S/O. AYNAL HOQUE R/O. VILL. BORTALOWA P.O AND P.S. DHALIGAON DIST. CHRIANG BTR ASSAM PIN-783385 4:ISLAM ALI S/O. AYNAL HOQUE R/O. VILL. BORTALOWA P.O AND P.S. DHALIGAON DIST. CHIRANG BTR ASSAM PIN-783385 5:JOYNAL ALI DEWAN S/O. LT. AKKES ALI DEWAN R/O. VILL. BALAIPATHAR P.O. AND P.S. KALGACHIYA DIST. BARPETA ASSAM PIN-781319 Advocate for the Petitioner : MR F A LASKAR, Advocate for the Respondent : MS. R GOSWAMI, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 23.01.2025 Heard Ms. M. Saikia, learned counsel for the applicants. Also heard Mr. F. A. Laskar, learned counsel for the respondents. The present application has been filed seeking direction to Registry to Page No.# 3/3 release 50% of the awarded amount deposited by the appellant in connection with the order dated 25.09.2024 passed in I.A.(C) No. 2722/2024 in MAC Appeal No. 456/2024. The learned counsel for the insurance company has made no objection regarding the prayer of the applicants. Considering the submissions made by the learned counsel for the parties, it is hereby directed to the Registry to release the amount in favour of the claimant No.1 (wife of the deceased), Kuhinur Khatun which has been deposited by the appellant/Insurance Company before the Registry of this Court in connection with the order dated 25.09.2024 passed in I.A.(C) No. 2722/2024 in MAC Appeal No. 456/2024, after proper verification and identification by their engaged counsel. With the above direction, the I/A stands disposed of accordingly. JUDGE Comparing Assistant