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2025 DAILYLAW 7702 (GAU)

YIKEN LOMBI v. NEW INDIA ASSURANCE CO LTD

I.A.(Civil)/546/2025 · 2025-05-04

Budi Habung

body2025

Judgment text

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Page No.# 1/2 GAHC010033092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/546/2025 YIKEN LOMBI S/O SRI MARYI LOMBI, R/O VILL. LUTAK, P.O. TIRBIN, P.S. TIRBIN, DIST. WEST SIANG, ARUNACHAL PRADESH , PIN 791101 VERSUS NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, MAHATMA GANDHI ROAD, MUMBAI, AND ITS REGIONAL OFFICE AT 5 TH FLOOR, STAR CITY COMPLEX, LACHIT NAGAR, GS ROAD, GUWAHATI Advocate for the Petitioner : MR DIGBIJOY MANDAL, Advocate for the Respondent : MR. R GOSWAMI, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 05-05-2025 Heard Mr. D. Mondal, learned counsel for the applicant. Also heard Ms. P. Borthakur, learned counsel for the appellant/opposite party. Mr.D. Mondal, learned counsel for the applicants submits that Page No.# 2/2 respondent No.3 who is the father of deceased died on 18.09.2019, and the respondent no.2 who is the mother of the deceased died on 20.01.2024 during the pendency of the appeal. In support of his claim, the applicant has annexed death certificate of both the respondent nos. 2 and 3 hence, prays that the names of the respondent Nos. 2 and 3 may be striked out from the cause title. Prayer is allowed. Let the names of the respondent nos. 2 and 3 be struck off from the cause title. The applicant also prays for release of the deposited balance amount of Rs.11,97,724 which was retained by the Registry in favour of respondent no.1. Now since the applicant/claimant is the only surviving legal heir of the deceased after the death of the respondents Nos. 2 and 3, therefore prays for release of the said amount in favour of the applicant/claimant being the husband of the deceased. Ms. P. Borthakur, learned counsel for the appellant/opposite party has no objection. In view of above, prayer is allowed. Registry is directed to release the amount of Rs. 11,97,724 retained by it being the share of the deceased respondent No.2 to the applicant/claimant Yiken Lombi. With the above, I.A stands disposed of. JUDGE Comparing Assistant