GIRO BALA RAJBONGSHI AND ORS v. M/S UNITED INDIA INSURANCE CO LTD
I.A.(Civil)/772/2025 · 2025-04-22
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7894 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7894 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010255532024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/772/2025 GIRO BALA RAJBONGSHI AND ORS W/O- LATE TARUN RAJBONGSHI MOTHER OF THE DECEASED MONESWAR RAJBONGSHI.RESIDENTS OF BALITARA P.S. GHOGRAPAR P.O. GHOGRAPAR- 781369 DIST.- NALBARI ASSAM.
2: SRI PINKU RAJBONGSHI SON OF THE DECEASED MONESWAR RAJBONGSHI.RESIDENTS OF BALITARA P.S. GHOGRAPAR P.O. GHOGRAPAR- 781369 DIST.- NALBARI ASSAM.
3: MISS PRIANKA RAJBONGSHI DAUGHTER OF THE DECEASED MONESWAR RAJBONGSHI.RESIDENTS OF BALITARA P.S. GHOGRAPAR P.O. GHOGRAPAR- 781369 DIST.- NALBARI ASSAM. VERSUS M/S UNITED INDIA INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI- 600014 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD CHRISTIANBASTI GUWAHATI-5 REP. BY ITS CHIEF REGIONAL MANAGER.
Page No.# 2/3 ------------ Advocate for : SUNIT PRABHA DAS Advocate for : appearing for M/S UNITED INDIA INSURANCE CO LTD
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.04.2025
1. Heard Mr. J. Mollah, learned counsel for the applicants. Also heard Mr. R. C. Paul, learned counsel for the respondent/insurance company.
2. This application has been filed by the applicants/claimants praying for allowing the applicants to withdraw the 50% of the awarded amount which has already been deposited by the insurance company before the Registry of this Court in pursuant to the order dated 26.11.2021.
3. The learned counsel for the Insurance Company submits that he does not have any objection to the said prayer.
4. The learned counsel for the applicants has also submitted that earlier also the applicants had filed an application for allowing the petitioner to withdraw the 50% of the awarded amount which was registered as I.A.(C) No. 176/2024, however, same interlocutory application was misplaced by the Registry and, therefore, applicants had to file the present application. He submits that he not would be pressing the I.A.(C) No. 176/2024 if the instant application is allowed.
5. As the Insurance company has not opposed the prayer, the instant prayer is allowed.
6. The Registry shall disburse 50% of the awarded amount which has been deposited by the Insurance Company in MAC Appeal No. 434/2019 after proper verification to the present applicants/claimants on furnishing of an indemnity bond of
Page No.# 3/3 like amount.
7. With the above observations, this interlocutory application is disposed of.
JUDGE Comparing Assistant