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2025 DAILYLAW 28183 (GAU)

RITA RANI TELI ALIAS RITA RANI SAHU v. NATIONAL INSURANCE COMPANY LIMITED

I.A.(Civil)/3910/2025 · 2025-12-14

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/4 GAHC010254732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3910/2025 RITA RANI TELI ALIAS RITA RANI SAHU WO LT NILKANTA TELI ALIAS NILKANTHARO, RO NARAINPUR PART I, PO KALACHANDPUR, PS LAKHIPUR, DIST CACHAR, ASSAM, PIN 788098 2: KARAN KUMAR TELI ALIAS KARAN KUMAR SAHU SO LT NILKANTA TELI ALIAS NILKANTHA RO NARAINPUR PART I PO KALACHANDPUR PS LAKHIPUR DIST CACHAR ASSAM PIN 788098 3: SUHANI TELI DO LATE NILKANTA TELI ALIAS NILKANTHA RO NARAINPUR PART I PO KALACHANDPUR PS LAKHIPUR DIST CACHAR ASSAM PIN 78809 VERSUS NATIONAL INSURANCE COMPANY LIMITED REGD OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, GS ROAD, GUWAHATI 781005, REP BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE Advocate for the Petitioner : MR A B DEY, Page No.# 2/4 Advocate for the Respondent : MR T KALITA, In MACApp./309/2025 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI-781005 REP BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE VERSUS RITA RANI TELI @ RITA RANI SAHU AND 6 ORS. W/O. LT. NILKANTA TELI @ NILKANTHA 2:KARAN KUMAR TELI @ KARAN KUMAR SAHU S/O. LT. NILKANTA TELI @ NILKANTHA 3:SUHANI TELI D/O. LT. NILKANTA TELI @ NILKANTHA ALL ARE R/O. NARAINPUR PART-I P/O. KALACHANDPUR P/S. LAKHIPUR DIST. CACHAR ASSAM PIN-788098. 4:MAJIBUR RAHMAN LASKAR S/O. TAMIJUR RAHMAN LASKAR R/O. DAYAPUR PART-I P/O. DUMURGHAT P/S. SILCHAR DIST. CACHAR ASSAM-788030. 5:KRISHNA NUNIA S/O. RAMJI NUNIA Page No.# 3/4 R/O. NUTUN SUKHAPUNJI P/O. UDHARBOND P/S. UDHARBOND DIST. CACHAR ASSAM-788030 6:UTTAM KANTI TELI S/O. MONI KANTI TELI R/O. VILL.- NARAINPUR PART-I P/O. KALACHANDPUR P/S. LAKHIPUR DIST. CACHAR ASSAM-788098. 7:RIAZ UDDIN SHAK S/O. AZAM UDDIN SHAK R/O. VILL.- BORSINGHA TEA ESTATE P/O. LATHIGRAM P/S. UDHARBOND DIST. CACHAR ASSAM-788002. ------------ Advocate for : MR T KALITA Advocate for : appearing for RITA RANI TELI @ RITA RANI SAHU AND 6 ORS. With MACApp./309/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.12.2025 1. Heard Mr. A.B. Dey, the learned counsel for the applicants/claimants. Also heard Mr. T. Kalita, the learned counsel appearing for the respondent/insurance company. 2. This interlocutory application has been filed by applicant/claimant, namely, 1. Rita Rani Teli @ Rita Rani Sahu, 2. Karan Kumar Teli @ Karan Kumar Sahu and 3. Suhani Teli praying for allowing Page No.# 4/4 the claimants to withdraw the 20% of the awarded amount (i.e. Rs. 9,23242/- (Rupees nine lakhs twenty three thousand two hundred and forty-two only) which was directed to be deposited by the insurance company before the Registry as a condition for stay of execution of the impugned judgment and award passed in MAC Case No. 538/2019. 3. It appears from record that in pursuant to the order dated 30.07.2025, the insurance company/opposite party has deposited the 20% of the awarded amount before the Registry of this court on 17.09.2025. 4. The learned counsel for the issuance company/opposite party does not raise any objection regarding the prayer made by the applicants. As the present applicants are the claimants in whose favour the Motor Accident Claims Tribunal has passed the impugned judgment and award, the prayer for withdrawal of the said amount by the aforesaid applicants/claimants is allowed. 5. The Registry is directed to disburse the 20% of the awarded amount deposited by the insurance company to the present applicants/claimants after proper verification. 6. This interlocutory application (civil) is, accordingly, disposed of. JUDGE Comparing Assistant