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2026 DAILYLAW 11854 (GAU)

AMINA BEGUM v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/2756/2026 · 2026-08-16

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010171162026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2756/2026 AMINA BEGUM W/O- ABDUS SAMAD MOLLAH 2: ABDUS SAMAD MOLLAH S/O- LATE GADU MOLLAH BOTH ARE VILLAGE-PIAZBARI PART-I P.O-MAKRIJHORA P.S-GAURIPUR DIST-DHUBRI ASSAM PIN-78334 VERSUS THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI,GUWAHATI-7, DISTRICT- KAMRUPM, ASSAM. 2:AL ZUBAIR MOLLAH S/O- LT. ALI AKBAR MOLLAH ALL ARE RESIDENT OF VILLAGE-PIAZBARI PARTI P.O-MAKRIJHORA P.S-GAURIPUR DIST-DHUBRI ASSAM 3:JOYNA KHATUN W/O- LT. ALI AKBAR MOLLAH R/O- VILL-ARAIANI PART-II P.O-BAGRIBARI DIST-KOKRAJHAR BTAD ASSAM 4:MD NUR HUSSAIN Page No.# 2/3 S/O-LT. AZIZUR RAHMAN R/O-STATION ROAD WARD NO. IX DHUBRI TOWN P.O-DHUBRI DIST-DHUBRI ASSAM PIN-783301 OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-17B-0319 5:MANU ISLAM S/O- LT. NUR ISLAM R/O- C.R DAS ROAD WARD NO. 7 DHUBRI TOWN P.O-DHUBRI ASSAM PIN-783301 DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-17B-0319 Advocate for the Petitioner : MR. M HUSSAIN, Advocate for the Respondent : MR. S K GOSWAMI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.08.2026 1. Heard Mr. M. Hussain, learned counsel for the applicant. Also heard Ms. P. Sarma, learned counsel for the opposite party No. 1/Insurance Company as well as Mr. R. Islam, learned counsel for the opposite party Nos. 2 and 3. 2. This interlocutory application has been filed by the applicant/claimants Nos. 1 and 2 praying for directing the Registry to disburse the 50% of the awarded amount, which was deposited by the Insurance Company in pursuant to the directions of this Court passed on 20.12.2024, in I.A.(C) No. 3993/2024 in connection with MAC Appeal No. 635/2024. 3. The prayer is not opposed to by learned counsel for the Insurance Company. She only submits that the applicant may be asked to submit bond while receiving the said amount. Page No.# 3/3 4. On the other hand, Mr. R. Islam, learned counsel for opposite party Nos. 2 and 3 submits that opposite party Nos. 2 and 3 are also claimant Nos. 4 and 5 and though they have not filed a separate interlocutory application, they may also be allowed to take their share of the deposited amount if such deposit is allowed. He submits that the Motor Accident Claims Tribunal in the impugned judgment has not clarified regarding the shares of the claimants, hence, they are entitled to the equal share. 5. After considering the submissions of learned counsel for both sides, this Court allows this interlocutory application and directs the Registry to disburse the amount deposited by the Insurance Company (Rs.36,14,612/-) in equal proportions to the present applicants, namely, Amina Begum and Abdus Samad Mollah as well as to Mr. Al-Zubair Mollah and Joyna Khatun (claimant Nos. 4 and 5/opposite party Nos. 2 and 3) after furnishing a bond of the value equal to the amount disbursed to the said claimants. 6. The Registry shall disburse the amount as directed after proper verification. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant