Page No.# 1/4 GAHC010266872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3912/2025 NIPOLA SENGYUNG WIFE OF LT. BIGENDRA SENGYUNG RESIDENTS OF THAPPA, P.O.- WARDENDISHA DISTRICT- N.C. HILLS, ASSAM PIN-788831 2: ABHINAT SENGYUNG S/O OF LT. BIGENDRA SENGYUNG RESIDENTS OF THAPPA P.O.- WARDENDISHA DISTRICT- N.C. HILLS ASSAM PIN-788831 3: PROTOL SENGYUNG S/O OF LT. BIGENDRA SENGYUNG RESIDENTS OF THAPPA P.O.- WARDENDISHA DISTRICT- N.C. HILLS ASSAM PIN-788831 4: SORNOLOTA SENGYUNG D/O OF LT. BIGENDRA SENGYUNG RESIDENTS OF THAPPA P.O.- WARDENDISHA DISTRICT- N.C. HILLS ASSAM PIN-788831 5: NOMITA SENGYUNG D/O OF LT. BIGENDRA SENGYUNG RESIDENTS OF THAPPA P.O.- WARDENDISHA DISTRICT- N.C. HILLS ASSAM PIN-78883 VERSUS UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI, ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI-5 2:MD DILDAR HUSSAIN S/O KHURSED ALI RESIDENT OF DAKHIN LASKAR PATHAR P.S.- LANKA P.O.-LASKAR PATHAR Page No.# 2/4 DISTRICT-HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.05.2026 Heard Mr. A. Bhattacharyya, the learned counsel for the applicant. Also heard Mr. R. Goswami, the learned counsel for respondent/Insurance Company. 2. This interlocutory application has been filed by the applicants/ claimants in connection with MAC Appeal No. 394/2025, praying for alteration of order dated 27.08.2025, passed in IA (Civil) No. 2792/2025, to the extent to direct the insurance company to deposited at least 50 % of the awarded amount before the Registry of this court in place of 20% as was directed, and thereafter, allow the present applicant to withdraw the same. 3. The learned counsel for the applicant has submitted that, by order dated 27.08.2025, the order was passed in IA(Civil) No.2792/2025, directed the insurance company to deposit 20 % of the awarded amount before the Registry of this court as a condition for grant of stay on the interim judgment and award, mainly on the basis of the plea of the learned counsel for the insurance company that the claimants/respondents, who are the family members of the deceased, are receiving family pension as the deceased was a government employee. Page No.# 3/4 4. The learned counsel for the applicant submits that the deceased, namely Late Bigendra Sengyung was an employee of the Forest Department, in Dima- Hasao Autonomous Council. The learned counsel for the applicant has submitted that the notification of the Government of Assam as regards Compassionate Family Pension Scheme in event an employee of the Government of Assam dies in harness is not applicable to Dima-Hasao Autonomous Council, as it is governed by its own rules. He submits that same has been confirmed by the PW3 before the tribunal while deposing as an official witness. 5. The learned counsel for the insurance company, Mr. R. Goswami, submits that the contention raised by the learned counsel for the applicant in this interlocutory application is the subject matter of consideration in the connected appeal and hence, if any finding is taken at this stage on the said question, it may cause prejudice to the insurance company. He, however, submits that the insurance company does not have any objection if the 20% of the awarded compensation, which has been already deposited by the insurance company is disbursed to the claimants respondent after verification. 6. Finding the submissions made by the learned counsel for the insurance company reasonable, this Court is also of the considered opinion that the contention raised by the learned counsel for the applicant in this application should be decided in the connected appeal. However, as the insurance company is not averse to the disbursement of the already deposited amount to the claimants/respondents, the Registry is directed to disburse 20% of the awarded amount, which has been deposited by the insurance company, to the claimants/respondents after proper verification, upon furnishing a bond of the Page No.# 4/4 same amount. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant