Page No.# 1/2 GAHC010164182026 2026:GAU-AS:11147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2654/2026 NABA KUMAR NATH S/O SR JATINDRA NATH, R/O VILL. RAMCHJHAR, P.S. GORESWAR, TAMULPUR, DIST. BAKSA, ASSAM. VERSUS THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 REPRESENTED BY ITS REGIONAL MANAGER ULUBARI, GUWAHATI-7, DIST. KAMRUP (M), ASSAM. Advocate for the Petitioner : MR. S RAHMAN, MR A N IQBAL,MR J I MONDAL Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 07-08-2026 07.08.2026 The instant application has been filed by the applicant/claimant praying for release of the amount of Rs.20,00,000/-(Rs. Twenty lakhs) deposited in the Registry of this Court by the appellant in respect of MACApp.301/2016. Page No.# 2/2 Heard the learned counsel for the applicant Mr. J.I. Mondal as well as Mr.S.K. Goswami, learned counsel for the respondent/opposite party. The applicant herein has filed the instant application on the ground that the claimant had met with motor vehicle accident which happened way back on 17.02.2020 and till now he has not received a single penny and as he is the sole bread earner in the family having no fixed income, he is facing financial hardship. The learned counsel for the respondent/Insurance Company Mr. S.K.Goswami has raised objection to release of the said deposited amount on the ground that the appellant have assailed the impugned judgment and award in the appeal on the ground that the disability of the claimant/respondent was present since 2018 much before the accident occurred and therefore, if this Court arrived at a finding that the disability was not arisen out of the accident it would be difficult to refund the withdrawn amount. This Court is however of the view that the total awarded amount was Rs.54,01,252/- and therefore, no prejudice will be caused by releasing the deposited amount amounting to Rs.20,00,000/-(Rs. Twenty Lakhs). The application is therefore allowed. Registry shall allow the applicant/claimant to withdraw the deposited amount of Rs.20,00,000/-(Rs. Twenty Lakhs) on proper verification and identification and on execution of indemnity bond. I.A. stands disposed of. JUDGE Comparing Assistant