Page No.# 1/3 GAHC010268962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3952/2025 SMTI PURNIMA KALITA AND 3 OTHERS W/O LATE BIRESH KALITA, VILL.- PURAN KATAHI, P.S.- CHHAYGAON, DIST.- KAMRUP, ASSAM, PIN- 781124. 2: ULACHI KALITA M/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124. 3: KANGKANA KALITA D/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124. 4: RUPJYOTI KALITA S/O LATE BIRESH KALITA VILL.- PURAN KATAHI P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781124 VERSUS UNITED INDIA INSURANCE CO LTD Page No.# 2/3 REPRESENTED BY ITS REGIONAL MANAGER HAVING ITS REGIONAL OFFICE AT CHIBBAR HOUSE FLOOR NO 1 G S ROAD GUWAHATI KAMRUP METRO ASSAM Advocate for the Petitioner : MR. K N KALITA, MR B ISLAM Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.02.2026 1. Heard Mr. B. Islam, learned counsel for the applicant. Also heard Mr. R. Goswami, learned counsel for the respondent and Mr. I.K. Buragohain, learned counsel for the respondent No.5. 2. This Interlocutory Application has been filed by the applicants/claimants praying for allowing them to withdraw the 50% of the awarded amount of Rs.6,65,250/- (Rupees Six Lakh Sixty Five Thousand Two Hundred and Fifty only), which has been deposited by the appellant before the Registry of this Court in terms of the order dated 28.05.2025 passed in I.A.(Civil) 2119/2024 in connection with MACApp No.167/2024. 3. Learned counsel for the applicants has submitted that the applicants were the claimants in MAC App 827/2018, which was allowed by the MACT Kamrup(M)) by its order dated 17.01.2024. However, due to filing of the connected appeal by the Insurance Company, they are unable to enjoy the fruit of their award. He submits that the applicants who are the claimants may be allowed to take 50% of the awarded amount, which has been deposited by the Insurance Company. 4. Learned counsel for the Insurance Company though had filed written objection against the said prayer, however, he fairly submits that if the applicants are ready to indemnify in the event of allowing on the connected appeal and return back the said amount, he does not have any objection. 5. In view of the aforesaid submissions as well as in view of the contentions made by the applicants in their Interlocutory Application, this Interlocutory Application is allowed. 6. The Registry is directed to disburse 50% of the awarded amount i.e., Rs.6,65,250/- (Rupees Six Page No.# 3/3 Lakh Sixty Five Thousand Two Hundred and Fifty only) which has been deposited by the Insurance Company before it in terms of the order dated 28.05.2025 passed in I.A.(Civil)/ No. 2119/2024 in the connected MAC App No.167/2024 to the present applicants/claimants after proper verification on their furnishing an indemnity bond to the tune of Rs.6,65,250/- (Rupees Six Lakh Sixty Five Thousand Two Hundred and Fifty only) giving an undertaking that they shall return back the said amount in the event, the appeal filed by the Insurance Company is allowed and if they are required to do so. 7. With the above observation and direction, the Interlocutory Application is disposed of. JUDGE Comparing Assistant