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2026 DAILYLAW 12036 (GAU)

MOSSTT AMENA KHATUN v. UNITED INDIA INSURANCE CO LTD

I.A.(Civil)/2359/2026 · 2026-08-04

Yarenjungla Longkumer

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010144002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2359/2026 MOSSTT AMENA KHATUN W/O LATE SANDESH ALI @ SHANDESH ALI R/O VILLAGE BAMUNIGAON P.O. KARTIMARI P.S. GOSSAIGAON DISTRICT KOKRAJHAR, ASSAM PIN 783337 2: AKHIRUL ISLAM S/O LATE SANDESH ALI @ SANDESH ALI R/O VILL- BAMUNIGAON P.O.- KARTIMARI P.S.- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 783337 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 3: SARIFA BEGUM D/O LATE SANDESH ALI @ SANDESH ALI R/O VILL- BAMUNIGAON P.O.- KARTIMARI P.S.- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 783337 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 4: MINARUL ALI S/O LATE SANDESH ALI @ SANDESH ALI R/O VILL- BAMUNIGAON P.O.- KARTIMARI P.S.- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 783337 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) Page No.# 2/3 5: SAHAR BANU D/O LATE ISMAIL ALI @ ISMAIL SHEIKH R/O VILL- BAMUNIGAON P.O.- KARTIMARI P.S.- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 78333 VERSUS UNITED INDIA INSURANCE CO LTD REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI-600014 REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI-781005 Advocate for the Petitioner : S I AKAND, MR. T HUSSAIN Advocate for the Respondent : MR. A J SAIKIA, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 05.08.2026 Heard Mr. S. I. Akand, learned counsel for the applicant. Also heard Mr. A. J. Saikia, learned counsel for the respondent. 2. The instant application under Section 151 of the CPC has been filed by the claimant/applicant praying for releasing the amount of Rs.9,68,490/- which was deposited on 03.07.2026 by the appellant/respondent, namely, United India Insurance Company before the Registry of this Court. 3. The claimant/applicant submits that the appellant/insurance Page No.# 3/3 company has preferred an appeal against the impugned judgment and order dated 06.03.2026 passed in MAC Case No. 25/2021 by the MACT, Kokrajhar. By this application the applicant has prayed for stay of the impugned judgment and order dated 06.10.2026 and by order dated 03.06.2026, this Court has stayed the operation of the impugned judgment subject to the condition that the appellant/Insurance Company shall deposit 50% of the awarded amount before the Registry of this Court within a period of two weeks. 4. Accordingly, in compliance thereof, the appellant have deposited an amount of Rs.9,68,496/- being 50% of the awarded amount before the Registry of this Court. 5. Applicant/claimant therefore, prays that he may be allowed to withdraw the amount as they are suffering from severe financial hardship. 6. The Court has considered the application and heard the submission of the learned counsel for both the parties. 7. The application is allowed. 8. Registry is directed to release the deposited amount of Rs.9,68,490/- to the applicant/claimant No.1 upon proper identification and verification. 9. With the above this interlocutory application stands disposed of. JUDGE Comparing Assistant