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2026 DAILYLAW 12845 (GAU)

SMTI. NCHUMBENI LOTHA AND 4 ORS v. THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS

I.A.(Civil)/195/2026 · 2026-08-27

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/7 GAHC020007262026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/195/2026 SMTI. NCHUMBENI LOTHA AND 4 ORS W/O LATE ELLIS LOTHA (REPRESENTING RESPONDENT NO. 2,3,4 AND 5) 2: SHRI LONGSHIO LOTHA SON OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 3: SHRI MERIBEMO LOTHA SON OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 4: SHRI RENBI LOTHA SON OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 5: SMTI. KHONZANI LOTHA DAUGHTER OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA Page No.# 2/7 DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAN VERSUS THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS HAVING ITS REGISTERED AND HEAD OFFICE OF ORIENTAL HOUSE A - 25/27, ASAF ALI ROAD, NEW DELHI - 110002 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING REGIONAL OFFICE AT GUWAHATI, ASSAM AND A DIVISIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND 2:SHRI GURDEEP SINGH SON OF TEJA SINGH RESIDENT OF SEHAJ TRANSPORT NC BORA COMPLEX BIHARBARI KAMRUP-781028 ASSAM (OWNER) 3:SHRI TIKEN BORA SON OF P.BORA RESIDENT OF DIGHALI PATHAR MATIKHOLA GAON PO AND PS BORPATHAR DISTRICT-GOLAGHAT SARUPATHAR GOLAGHAT-785602 ASSAM (DRIVER Advocate for the Petitioner : MEDO VERO, Advocate for the Respondent : , Linked Case : I.A.(Civil)/165/2025 THE ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT GUWAHATI ASSAM AND DIVISIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS Page No.# 3/7 SMTI. NCHUMBENI LOTHA AND 6 ORS WIFE OF LATE ELLIS LOTHA (REPRESENTING RESPONDENTS NO. 2 3 4 AND 5) PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 2:SHRI LONGSHIO LOTHA SON OF ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 3:SHRI MERIBEMO LOTHA SON OF ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 4:SHRI RENBI LOTHA SON OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 5:SMTI. KHONZANI LOTHA DAUGHTER OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND Page No.# 4/7 6:SHRI GURDEEP SINGH SON OF TEJA SINGH RESIDENT OF SEHAJ TRANSPORT NC BORA COMPLEX BIHARBARI KAMRUP-781028 ASSAM (OWNER) 7:SHRI TIKEN BORA SON OF P.BORA RESIDENT OF DIGHALI PATHAR MATIKHOLA GAON PO AND PS BORPATHAR DISTRICT-GOLAGHAT SARUPATHAR GOLAGHAT-785602 ASSAM (DRIVER) ------------ Advocate for : KIM PIENYU Advocate for : appearing for SMTI. NCHUMBENI LOTHA AND 6 ORS Linked Case : MACApp./18/2025 THE ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE AT GUWAHATI ASSAM AND DIVISIONAL OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS SMTI. NCHUMBENI LOTHA AND 6 ORS WIFE OF LATE ELLIS LOTHA (REPRESENTING RESPONDENTS NO. 2 3 4 AND 5) PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 2:SHRI LONGSHIO LOTHA SON OF ELLIS LOTHA Page No.# 5/7 PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 3:SHRI MERIBEMO LOTHA SON OF ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 4:SHRI RENBI LOTHA SON OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 5:SMTI. KHONZANI LOTHA DAUGHTER OF LATE ELLIS LOTHA PERMANENT RESIDENT OF DOYANG SOUTH WING DOYANG HYDEL PROJECT B.P.O. WOKHA DISTRICT- WOKHA NAGALAND. PRESENTLY RESIDING AT SIGNAL BASTI DIMAPUR NAGALAND 6:SHRI GURDEEP SINGH SON OF TEJA SINGH RESIDENT OF SEHAJ TRANSPORT NC BORA COMPLEX BIHARBARI KAMRUP-781028 ASSAM (OWNER) 7:SHRI TIKEN BORA SON OF P.BORA RESIDENT OF DIGHALI PATHAR MATIKHOLA GAON PO AND PS BORPATHAR DISTRICT-GOLAGHAT SARUPATHAR GOLAGHAT-785602 Page No.# 6/7 ASSAM (DRIVER) ------------ Advocate for : KIM PIENYU Advocate for : PFOSEKHO PFOTTE appearing for SMTI. NCHUMBENI LOTHA AND 6 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 28-08-2026 The instant application has been filed by the applicants/claimants praying for withdrawal of the 50% of the awarded amount deposited by the appellant before the Registry of this Court in compliance of the order dated 14.07.2026 passed in I.A(Civil) 165/2025. Heard the learned counsel for the applicants/claimants Mr. Pfosekho Pfotte. Learned counsel for the applicants/claimants submits that while disposing I.A(Civil) 165/2025, this Court vide order dated 14.07.2026 had directed the appellants to deposit 50% of the awarded amount before the Registry of this Court within 6 (six) weeks from the date of the order. The learned counsel states that in compliance thereof, the appellants have deposited the said 50% of the awarded amount i.e Rs.12,71,362/- vide Cheque No.006469 on 17.08.2026. The learned counsel submits that the applicants/claimants are undergoing severe financial hardship and therefore prays for allowing them to withdraw the 50% of the awarded amount. Page No.# 7/7 The learned counsel Ms. Ayala is present for the respondents/appellants and has no objection. Accordingly, this application is allowed. Registry shall allow the counsel Mr. Pfosekho Pfotte to withdraw the deposited amount on behalf of the applicants/claimant Nos. 1,2,3,4 and 5 as the counsel has been duly authorised vide authorization letter dated 19.08.2026. I.A stands disposed of. Sd/- JUDGE Comparing Assistant