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2025 DAILYLAW 22794 (GAU)

S.T.Manga v. SBI General Insurance Company Ltd. and 3 Ors.

I.A.(Civil)/53/2025 · 2025-06-09

Nelson Sailo

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030001962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/53/2025 S.T.Manga F/o Rolala, R/o Lengpui, Mizoram VERSUS SBI General Insurance Company Ltd. and 3 Ors. No.101, 201 and 301 3rd Floor, Natraj, Andheri Kurla Road, Andheri East, Mumbai- 400069 Near Junction of Western Express Highway Advocate for the Petitioner : Mr. C Tlanthianghlima Advocate for the Respondent : Mr. Roshan Subedi for R1 Linked Case : MACApp./5/2025 SBI General Insurance Company Limited No. 101 201 and 301 3rd Floor Natraj Andheri Kurla Road Andheri East Mumbai-400069 Near Junction of Western Express Highway VERSUS Sh. S.T. Manga and 3 Ors. F/o Rolala Page No.# 2/3 R/o Lengpui Mizoram 2:Sh. H. Lalchhuanawma S/o Sh. Lalpiangthanga Rengdil Mamit District Mizoram 3:Sh. H. Lalrinawma S/o Thangchuanga (L) R/o Bawngkawn Aizawl Mizoram 4:Sh. Lalchhuanmawia S/o Piangthanga R/o Lengpui Mizoram Advocate for the Petitioner : Mr. Roshan Subedi Advocate for the Respondent : Mr. Lalkhumsanga for R1 ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO 10.06.2025 Heard Mr. C. Tlanthianghlima, learned counsel for the applicant and Mr. Roshan Subedi, learned counsel for the respondent No. 1. By filing this application, the applicant seeks release of Rs. 25,31,765/- which was deposited by the respondent No. 1/appellant on 13.03.2025 as directed by this Court vide Order dated 23.01.2025. The learned counsel submits that the said amount is 50% of the awarded Page No.# 3/3 amounted along with interest calculated from the date of filing the claim before the Tribunal. The learned counsel submits that pending disposal of the main appeal, the said amount may be released to the applicant. The grounds taken by the appellant/respondent No. 1 in the instant application is mainly on the quantum of compensation and not on the liability. Accordingly, upon due consideration of the materials available on record, Registry is directed to release sum of Rs. 25,31,765/- to the applicant on proper identification and as per usual formalities. I.A stands disposed of. JUDGE Comparing Assistant