Page No.# 1/3 GAHC010013152025 2025:GAU-AS:2193 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/330/2025 BASAPI HANSEPI AND ORS W/O LATE SANJEEB @ SAJIB @ SONJIT TERANG, VILL.- BAHANI ADARSH, P.S.- BAKALIA, DIST.- KARBI ANGLONG, ASSAM, PIN- 782482. 2: BISWAJIT TERANG S/O LATE SANJEEB @ SAJIB @ SONJIT TERANG VILL.- BAHANI ADARSH P.S.- BAKALIA DIST.- KARBI ANGLONG ASSAM PIN- 782482. (BEING MINOR REP. BY HIS LEGAR GUARDIAN MOTHER I.E. RESPONDENT NO. 1). 3: RAHUL TERANG S/O LATE SANJEEB @ SAJIB @ SONJIT TERANG VILL.- BAHANI ADARSH P.S.- BAKALIA DIST.- KARBI ANGLONG ASSAM PIN- 782482. (BEING MINOR REP. BY HIS LEGAR GUARDIAN MOTHER I.E. RESPONDENT NO. 1). 4: SEMAS TERANG S/O LATE SANJEEB @ SAJIB @ SONJIT TERANG VILL.- BAHANI ADARSH P.S.- BAKALIA DIST.- KARBI ANGLONG ASSAM PIN- 782482. Page No.# 2/3 (BEING MINOR REP. BY HIS LEGAR GUARDIAN MOTHER I.E. RESPONDENT NO. 1) VERSUS SBI GENERAL INSURANCE COMPANY LTD. JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI- 400069 REGIONAL OFFICE AT 4TH FLOOR, B BLOCK, APPEJAY HOUSE, 15 PARK STREET, KOLKATA- 700016 AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI- 781007 (ASSAM). 2:NIJORA @ NIJOR KOCH GUPTA W/O MADAN GUPTA R/O NEAR PETROL PUMP BAKALIA BAKALIAGHAT DIST.- KARBI ANGLONG ASSAM PIN- 782482. 3:CHANDRA TERANG S/O LATE SING TERANG R/O BAHANI ADARSHA P.S.- BAKALIA DIST.- KARBI ANGLONG ASSAM PIN- 782482 Advocate for the Petitioner : ABHILASH BHATTACHARYYA, Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03-03-2025 Heard Mr. A. Bhattacharyya, learned counsel for the applicants and Ms. P. Borthakur, learned counsel for the opposite parties. Page No.# 3/3 2. The applicants have filed this application for withdrawal of 50% of the awarded amount deposited by the Insurance Company/opposite parties pursuant to the order dated 13.11.2024 passed by this Court in I.A. (Civil)/3089/2024 arising out of MAC Appeal No. 354/2024. 3. Learned counsel Ms. P. Borthakur for the Insurance Company has raised serious objection against withdrawal of the amount of Rs.20,12,848/- (Rupees Twenty Lacs Twelve Thousand Eight Hundred and Forty Eight) as they have contested this appeal on the ground that the claimant was travelling as a gratuitous passenger and the vehicle was carrying eight passengers including the driver. 4. However, I have considered the submissions at the bar with circumspection. It appears that the applicants are willing to execute a bond to the satisfaction of the Registry, thereby, the applicants are allowed to withdraw 50% of the awarded amount deposited by the Insurance Company/opposite parties pursuant to the order dated 13.11.2024 passed by this Court in I.A. (Civil)/3089/2024 arising out of MAC Appeal No. 354/2024. They are to execute a bond to the satisfaction of the Registry of this Court and Registry may allow the withdrawal after proper verification. 5. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant