Page No.# 1/3 GAHC010004552025 2025:GAU-AS:7025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/209/2025 CHANDRABATI KAKATI AND ANR W/O- LATE MANORANJAN KAKATI, R/O- VILL.- CHANDRANAGAR, PATHSALA, P.O. PATHSALA, P.S. PATACHARKUCHI, DIST.- BARPETA, ASSAM, PIN-781325 AND CORRESPONDENCE ADDRESS- UZAN BAZAR, NOWJAN ROAD, GUWAHATI. 2: DEEPJYOTI KAKOTI S/O- LATE MANORANJAN KAKATI R/O- VILL.- CHANDRANAGAR PATHSALA P.O. PATHSALA P.S. PATACHARKUCHI DIST.- BARPETA ASSAM PIN-781325 AND CORRESPONDENCE ADDRESS- UZAN BAZAR NOWJAN ROAD GUWAHATI VERSUS NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT KOLKATA, REP. BY ITS REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM. Advocate for the Petitioner : MR D MONDAL, MR. H ROHMAN,MR G ALAM Advocate for the Respondent : MR S S SHARMA, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 30-05-2025 Heard Mr. D. Mondal, learned counsel for the applicants. It is submitted that the connected appeal being MACApp./252/2020 was amicably settled between the parties before the Lok Adalat on 14.05.2022, for a sum of Rs. 68 lakhs only, as full and final settlement. Accordingly, the appellant Insurance Company was directed to deposit the said amount before the Registry of this Court and liberty was granted to the claimant/respondents to withdraw the same. It is further submitted that though the respondent no. 3, Subhan Kakati died on 10.10.2021, i.e., before the settlement of the appeal, this fact was not brought to the knowledge of the Lok Adalat on 14.05.2022 by the applicants. However, after her expiry, the other legal heirs of the deceased produced the death certificate of Subhan Kakati (since deceased) before the Registry and requested to release the amount. However, the Registry retained the sum of Rs. 17,00,000/- stating to be the share of the deceased although there was no such order dividing the share of each claimant. By this application, the claimant nos. 1 and 3 are seeking for a direction to the Registry to release the sum of Rs. 17,00,000/- (Rupees seventeen lakhs) in favour of the applicant/claimants. The applicants/claimants are the wife, son of the deceased and daughter in law and grandson of late Subhan Kakati. Page No.# 3/3 In support of his submission, the learned counsel for the applicants has annexed the death certificate of late Subhan Kakati. Upon consideration, the prayer for release of the aforementioned amount is allowed. Accordingly, the Registry is directed to release the sum of Rs. 17,00,000/- (Rupees seventeen lakhs) in favour of the applicants/ claimant nos. 1 and 3 on proper identification by their Advocate. With the above, this IA stands disposed of. JUDGE Comparing Assistant