Page No.# 1/5 GAHC010161782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2628/2026 BINA GOGOI W/O- LATE BHARAT GOGOI RESIDENT OF- BISHNU NAGAR, P.S- MAKUM, DIST. TINSUKIA, ASSAM. 2: RIMPI GOGOI D/O- LATE BHARAT GOGOI RESIDENT OF- BISHNU NAGAR P.S- MAKUM DISTTINSUKIA ASSAM. 3: ANUPAM GOGOI S/O- LATE BHARAT GOGOI RESIDENT OF- BISHNU NAGAR P.S- MAKUM DISTTINSUKIA ASSAM VERSUS CHOLAMANDALAM MS GEN INS CO LTD BRANCH, OFFICE, REPRESENTED BY ITS MANAGER LEGAL, G.S. ROAD, AASTHA PLAZA, 7TH FLOOR, OPP. S.B. DEURA COLLEGE, BORA SERVICE, GUWAHATI, DISTRICT - KAMRUP METRO, ASSAM, PIN-781007. Advocate for the Petitioner : MR. N. DEBNATH, Advocate for the Respondent : MR T KALITA, In Case : MACApp./580/2024 Page No.# 2/5 CHOLAMANDALM MS GENERAL INSURANCE COMPANYT LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE BUILDING NEW NO. 319 OLD NO. 154 2ND FLOOR THAMBU CHETTY CHENNAI PIN-600001 INDIA ITS ZONAL OFFICE AT OFFICE NO. 201 AND 202 L AND T CHAMBERS 2ND FLOOR 16 CAMAC STREET KOLKATA-700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR AASTHA PLAZA BORA SERVICE G.S. ROAD GUWAHATI KAMRUP(M) ASSAM-781007 REPRESENTED BY THE DEPUTY MANAGER LEGAL CLAIMS OF REGIONAL OFFICE. VERSUS BINA GOGOI AND 4 ORS W/O. LATE BHARAT GOGOI 2:RIMPI GOGOI D/O. LATE BHARAT GOGOI 3:ANUPAM GOGOI S/O. LATE BHARAT GOGOI ALL ARE RESIDENT OF- VILL.- BISHNU NAGAR P/S. MAKUM DIST.- TINSUKIA ASSAM PIN-786170. 4:JAYANTA BORA S/O. KHAGEN BORA R/O. VILL. 1 NO. ASOMIYA GAON P/O. TINGRAI DIST. TINSUKIA ASSAM PIN-786171. Page No.# 3/5 5:TILOK CHOUDHURY S/O. SRI PRADIP CHOUDHURY R/O. VILL. TINGRAI GAON P/O. DIGBOI DIST.- TINSUKIA ASSAM PIN-786171. ------------ Advocate for : MR T KALITA Advocate for : MR. N. DEBNATH (R-1 TO 3) appearing for BINA GOGOI AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.08.2026 [1] Heard Mr. N. Debnath, the learned counsel for the applicant. Also heard Mr. T. Kalita, the learned counsel for the opposite party/insurance company. [2] This interlocutory application has been filed by the applicant for directing the Registry to release the 50% of the awarded amount which was deposited by the opposite party/insurance company before the Registry of this court, in pursuant to the directions given by this court, by its order dated 11.11.2024, passed in I.A.(C ) No. 3406/2024. [3] The learned counsel for the insurance company/opposite party has submitted that since the appeal is mainly preferred by the present opposite party on the ground that as per Government Scheme of Compassionate Pension, where the dependent would Page No.# 4/5 continue to get salary equivalent to what the deceased was getting till date of his retirement. Hence, at this stage, he submits that the insurance company is not opposed to disbursing of amount which was granted to the claimants against conventional heads as well as against future prospects. [4] On the other hand, the learned counsel for the applicant has submitted that though as per the Government Scheme the claimant No. 1 is entitled to get same amount of money in family pension which the deceased was getting as his salary on the date of death till the date of his retirement. However, currently, they have not yet received any such pension. [5] He further submits that the claimants has also to incur expenditure on the studies of her son and daughter and as such, prays for releasing the entire 50% of the awarded amount which has been deposited by the insurance company. [6] I have considered the submissions made by the learned counsel for both sides. Since one of the contentions of the appellant/insurance company in the connected appeal is that according to Assam Government Compassionate Family Pension Scheme of 2017, the family members of deceased are entitled to receive the basic pay of the deceased till his death of retirement and as such, there is no loss of dependency Page No.# 5/5 as calculated by the Motor Accident Claims Tribunal in the impugned judgment. He further submits that since the said issue is one of the main issue to be decided in the connected appeal and since the insurance company has already deposited 50% of the awarded amount, this court is of the considered opinion that out of the deposited money the undisputed amount awarded against conventional heads and towards future prospects which comes to total of Rs. 8,37,158/- may be disbursed to the claimants by the Registry after proper verification. [7] As such the Registry is directed to disburse an amount of Rs. 8,37,158/- to the claimants, out of the amount deposited by the insurance company, after proper verification. [8] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant