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2025 DAILYLAW 22836 (GAU)

Lalsangzuali and 4 Ors. v. TATA AIG General Insurance Company Ltd. and 4 Ors.

I.A.(Civil)/94/2025 · 2025-07-02

Marli Vankung

body2025

Judgment text

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Page No.# 1/3 GAHC030003762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/94/2025 Lalsangzuali and 4 Ors. M/o Lalchhandama (L), R/o Chanmari West, Aizawl VERSUS TATA AIG General Insurance Company Ltd. and 4 Ors. r/b Mrs Debajani Deori, Manager Legal Claims, Guwahati. 3rd Floor, Mayur Gardens, Guwahati-781005 Advocate for the Petitioner : Mr. Johny L Tochhawng Advocate for the Respondent : Mr. Roshan Subedi B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 03.07.2025 Heard Mr. Johny L. Tochhawng, learned counsel for the applicant. Also heard Mr. Roshan Subedi, learned counsel for the respondent/claimant. This is an application filed u/s 151 CPC for disbursement of 50% of Page No.# 2/3 the awarded amount, i.e. Rs. 12,76,500/- along with any applicable interest which was deposited with the Registry on 22.03.2024 in I.A.(Civil) No. 73/2023 A/o Mac App No. 3/2023 (D). The learned counsel for the applicant submits that the connected Mac App No. 3/2023 was heard and dismissed vide Order dated 12.06.2025 however, the 50% of the awarded amount which was deposited into this Court is still kept in the Registry though the awarded amount was to be disbursed to the applicants vide the judgment of the learned Tribunal in MACT Case No. 47/2019 dated 08.12.2022 and which has been confirmed on the dismissal of the appeal filed in Mac App No. 3 of 2023 (D) by the Insurance Company. The learned counsel for the applicant has also prayed that the respondent No. 1/Insurance Company may be directed to deposit the remaining balance from the awarded amount of Rs. 25,53,000/- with an interest of 7% p.a from the date of filing i.e 05.09.2019 into this Registry on the dismissal of the Mac App. No. 3/2023 (D). Mr. Roshan Subedi, learned counsel for the respondent/Insurance Company submits that he has received no instructions till date whether the Insurance Company will be preferred an appeal. In view of the above submission, considering the fact that the Mac Page No.# 3/3 App No. 3 of 2023 (D) has been dismissed by this court vide Order dated 12.06.2025, this court finds it appropriate that the awarded 50% of the awarded amount i.e. Rs. 12,76,500/- deposited in the Registry on 22.03.2024 in I.A.(Civil) No. 73 of 2023 A/o Mac App No. 3 of 2023 (D) should be disbursed to the appellant by the Registry after due verification. The respondent/Insurance Company is also to deposit the remaining balance from the awarded amount of Rs. 25,53,000/- with the stipulated interest amount in MACT Case No. 47/2019, into the Registry within 3 (three) months from the date of this order, which shall thereafter be disbursed to the applicant/claimant after due b verification. Accordingly I.A.(Civil) No. 94 of 2025 stands disposed of as above. JUDGE Comparing Assistant