Page No.# 1/4 GAHC010035882023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/525/2023 SMTI NIVA MILI PEGU AND 2 ORS W/O LATE NIRANANDA PEGU, R/O HENGRABARI, BORBARI, NANDANGIRI, P.S.-DISPUR, DIST-KAMRUP(M), ASSAM 2: MOHANJIT PEGU S/O LATE NIRANANDA PEGU R/O HENGRABARI BORBARI NANDANGIRI P.S.-DISPUR DIST-KAMRUP(M) ASSAM 3: MISS MUNU PEGU D/O LATE NIRANANDA PEGU R/O HENGRABARI BORBARI NANDANGIRI P.S.-DISPUR DIST-KAMRUP(M) ASSAM (BEING MINOR REPRESENTED BY PETITIONER NO. 1 VERSUS NATIONAL INSURANCE COMPANY LTD AND 2 ORS. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI. 2:BIRJU BORAH S/O SRI BASARAM BORA R/O PATHARQUARY Page No.# 2/4 NARENGI P.S. NOONMATI GUWAHATI DIST. KAMRUP (M) ASSAM 3:MILAN CH. BORAH S/O SRI HALDHAR BORAH R/O SATGAON SURJA NAGAR HOUSE NO 3 WARD NO. 52 GUWAHATI-71 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR. P MAHANTA,MS. D PAUL,C. M. MAHANTA Advocate for the Respondent : MR. R GOSWAMI, Linked Case : MACApp./103/2016 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI. VERSUS SMTI NIVA MILI PEGU and 4 ORS W/O LATE NIRANANDA PEGU 2:MOHANJIT PEGU S/O LATE NIRANANDA PEGU 3:MISS MUNU PEGU Page No.# 3/4 D/O LATE NIRANANDA PEGU ALL ARE R/O HENGARABARI BORBARI NADANGIRI P.S. DISPUR DIST. KAMRUP ASSAM. 4:BIRJU BORAH S/O SRI BASARAM BORA R/ PATHARQUARY NARENGI P.S. NOONMATI GUWAHATI DIST. KAMRUP ASSAM DRIVER OF VEHICLE NO. AS-01-AH-0083 MOTOR CYCLE 5:MILAN CH. BORAH S/O SRI HALADHAR BORAH R/O SATGAON SURJA NAGAR HOUSE NO 3 WARD NO. 52 GUWAHATI-71 DIST. KAMRUP ASSAM OWNER OF VEHICLE NO. AS-01-AH-0083 MOTOR CYCLE ------------ Advocate for : MR.I ALAM Advocate for : MR.D PAUL appearing for SMTI NIVA MILI PEGU and 4 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER 28.03.2025 (K.R. Surana, J) Mr. P. Mahanta, learned counsel for the applicant is present. However, there is no representation from the respondents. 2. This interlocutory application has been filed for modification of the order Page No.# 4/4 dated 20.06.2018 passed by this Court in MAC Appeal No. 103/2016. 3. This application is projected that out of the awarded sum, amount of Rs. 20,00,000/- has already been withdrawn by the applicant and seeks permission of the Court to withdraw the balance amount of Rs.15,62,394/- . 4. In view of the nature of appropriation order in paragraph-13 of the order dated 20.06.2018 passed in MAC Appeal No. 103/2016, the five year tenure of deposit has already lapsed, and if the respondent Nos.2 and 3 have attained majority, it would be open to the applicants to satisfy the Registry and withdraw the deposited amount through their bank account after satisfying their proof of identity before the Registry. 5. This interlocutory application stands disposed of. JUDGE Comparing Assistant