Page No.# 1/5 GAHC010268782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3971/2025 KABOM PERTIN S/O- DHORMESWAR PERTIN 2: PILU PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN. 3: PIKOLI PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN 4: MIDO PERTIN S/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN 5: PINGKU PERTIN D/O. KABOM PERTIN AND LT. AMPING MEGU PERTIN ALL ARE PERMANENT RESIDENT OF R/O- NEW BORGULI VILL P/O. MEBO P/S. PASIGHAT EAST SIANG ARUNACHAL PRADESH-791104 PRESENT ADDRESS- BONGAIGAON W/NO. 25 SALBARI P/O. AND DIST. BONGAIGAON ASSAM PIN-783380 VERSUS NEW INDIA ASSURANCE CORNPANY LTD ASSAMHAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MG ROAD, MUMBAI, AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781007, NEAR HANUMAN MANDIR, G S ROAD, GUWAHATI 07 Page No.# 2/5 2:AFTAB KHAN S/O. ANAMUL KHAN R/O. VILL.- PASIGHAT BAZAR PASIGHAT JAIL ROAD P/O. AND P/S. PASIGHAT EAST SIANG DIST. ARUNACHAL PRADESH-791102. 3:MIRAJ KHAN S/O. ANAMUL KHAN R/O. GAURA BAZAR PAITHAN TOLA VILLAGE P/O. GAURA P/S. KATYA DIST. GOPALGANJ BIHAR PIN-841437. PRESENT ADDRESS VILL.- PASIGHAT BAZAR PASIGHAT JAIL ROAD P/O. AND P/S. PASIGHAT EAST SIANG DIST. ARUNACHAL PRADESH-791102 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR. A K DAS Advocate for the Respondent : MR. R K BHATRA, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2026 1. Heard Mr. M. Khan, learned counsel for the applicants. Also heard Ms. A. Biyani, learned counsel for the respondent No. 1 and Ms. D. Devi, learned counsel for the Owner and Driver. 2. This interlocutory application has been filed under Section 151 of the Code of Civil Procedure by the applicants/claimants praying for a direction for disbursement of 50% of the awarded amount, which was deposited by the Page No.# 3/5 Insurance Company in the connected appeal as a condition for grant of stay of execution of the impugned judgment and award. This Court by order dated 29.10.2025 passed in I.A.(C) No. 3295/2025 directed the Insurance Company to deposit 50% of the awarded amount before the Registry of this Court as a condition for stay of any execution of the judgment and award. Accordingly, the Insurance Company had, on 21.11.2025, deposited the 50% of the awarded amount i.e., Rs.30,99,720/-. 3. The learned counsel for the applicants has submitted that the applicants, who are the claimants and in whose favor the impugned order was passed, are economically poor and needy persons and the connected appeal, being an appeal of the year 2025 may take much time for disposal, considering the pendency of MAC appeal in this Court. Hence, he has prayed for allowing the applicants to withdraw the deposited 50% of the awarded amount. 4. The learned counsel for the applicants has further submitted the appeal preferred by the Insurance Company is devoid of any merit and ultimately it is likely to be dismissed and, therefore, depriving the claimants/applicants from the fruit of their litigation may not be just. 5. On the other hand, Ms. A. Biyani, learned counsel for the Insurance Company has objected to disbursement of the amount deposited by the Insurance Company before this Court in pursuant to the directions of this Court. She submits that there is every possibility of the appeal being allowed ultimately, and in such a case, if the 50% amount which has been deposited by the Insurance Company, which is a huge amount of more than Rs.30 lakhs, it may be difficult on the part of the claimants to refund it back, even if they are directed to do so. Hence, she submits that instead of disbursing the deposited Page No.# 4/5 amount, the connected appeal may be taken up for expeditious hearing. 6. The learned counsel for the applicants has also submitted that during the pendency of this interlocutory application, the claimant No. 1 has expired and, therefore, the amount of 50% may be disbursed to the remaining claimants. 7. I have considered the submissions made by learned counsel for both sides. 8. Without going into the records of the connected appeal in depth, it may not be possible at this stage to state as to assume as to in whose favor the appeal would be ultimately be decided. However, it appears that the present claimants were the beneficiary of the impugned judgment and award and the connected appeal being an appeal of the year 2025 in normal course, it may not be taken up for hearing at the earliest due to pendency of huge number of MAC appeal before this Court and under such circumstances, it may not be appropriate to deprive the beneficiary of a judgment and award from getting at least 50% of the awarded amount during the pendency of the connected appeal. 9. For the discussions made and reasons stated in the foregoing paragraph, this interlocutory application is allowed. 10. The Registry is directed to disburse the amount of Rs.30,99,720/- which was deposited by the Insurance Company in pursuant to the directions passed by this Court on 29.10.2025 in I.A.(C) No. 3295/2025. 11. Before disbursing the amount, the Registry shall properly verify the Page No.# 5/5 identity of the claimants. 12. The claimants shall also furnish an indemnity bond, undertaking therein that in event of the allowing of the connected appeal, they shall refund back the amount which will be disbursed to them in pursuant to this order as and when directed to do so. 13. With above observations, this interlocutory application is disposed. JUDGE Comparing Assistant