Page No.# 1/5 GAHC010126482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2152/2026 MD MAINUR RAHMAN S/O. ALAUDDIN SHEIKH, VILLAGE- PAKRITAL, P.O. FAKIRAGRAM, DISTRICT- KOKRAJHAR, BTC, ASSAM, PIN-783345. VERSUS MS ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI,GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI781007. 2:NAND KISHOR MAHESWARI OWNER S/O. MADANLAL MAHESWARI R/O. WEST JALUKBARI KHANAMUKH P.O. GAUHATI UNIVERSITY P.S. JALUKBARI DIST. KAMRUP M ASSAM. PIN-781014 Advocate for the Petitioner : MR R ISLAM, MR A HUSSAIN Advocate for the Respondent : MS. R D MOZUMDAR, Linked Case : MACApp./357/2019 ORIENTAL INSURANCE COMPANY LTD. Page No.# 2/5 (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI ULUBARI GUWAHATI- 781007 REP. BY THE REGIONAL MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. VERSUS MD. MAINUR RAHMAN AND 2 ORS. S/O- ALAUDDIN SHEIKH R/O- VILL.- PAKRITAL P.O. FAKIRAGRAM DIST.- KOKRAJHAR BTC ASSAM PIN- 783345 REP. BY HIS FATHER ALAUDDIN SHEIKH S/O- LATE MAFFUJUL HUSSAIN SHEIKH VILL.- FAKIRAGRAM DIST.- KOKRAJHAR BTC ASSAM PIN- 783345. 2:NAND KISHORE MAHESWARI S/O- MANDANLAL MAHESWARI VILL.- WEST JALUKBARI KHANAMUKH P.O. GAUHATI UNIVERSITY DIST.- KAMRUP(M) ASSAM PIN- 781014. 3:MUKUL DAS S/O- LATE BINUA DAS VILL.- LANKESWAR P.O. GAUHATI UNIVERSITY P.S. JALUKBARI GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781014. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : MR H MAURYA appearing for MD. MAINUR RAHMAN AND 2 Page No.# 3/5 ORS. Linked Case : MACApp./395/2019 MD. MAINUR RAHMAN S/O- MD. ALAUDDIN SK. VILL.- PAKRITAL P.O. FAKIRAGRAM DIST.- KOKRAJHAR BTC (ASSAM) PIN- 783345. VERSUS THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS REP. BY THE REGIONAL MANAGER GUWAHATI-05 BRANCH OFFICE- BELTOLA HEMLATA MARKET BASISTHA CHARIALI PIN- 781029. 2:SRI NAND KISHORE MAHESWARI S/O- MANDANLAL MAHESWARI R/O- VILL.- WEST JALUKBARI (KHUMAMUKH) P.S. JALUKBARI DIST.- KAMRUP(M) GUWAHATI PIN- 781014. (OWNER OF THE VEHICLE BEARING REGD. NO. AS-25-0795 (MINI TRUCK). ------------ Advocate for : MR R ISLAM Advocate for : MR H MAURYA appearing for THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.08.2026 1. Heard Mr. R. Islam, the learned counsel for the applicant. Also heard Ms. R. D. Mozumdar, the learned counsel for the opposite party No. 1-Insurance Company as well as Mr. H. Maurya, the learned counsel appearing for the opposite party No. 2/owner of the offending vehicle. 2. This Interlocutory Application has been filed by the applicant/claimant in connection with MAC No. 357/2019 praying for releasing the 50% of the awarded amount, which has been deposited by the Insurance Company before the Registry of this Court in pursuant to the directions issued on 17.07.2019 passed in I.A. (Civil) No. 2288/2019. 3. The learned counsel for the Insurance Company has objected to the prayer on the ground that the driver of the offending vehicle was not having valid driving license at the time of accident. 4. On the other hand, the learned counsel for the owner of the offending vehicle has submitted that the driver was having the driving license at the time of his accident. 5. The contention regarding validity of driving license of the driver of the offending vehicle at the time of accident has to be decided in the connected appeal and the connected appeal is already ready for hearing. However, considering the pendency of the appeal in this Page No.# 5/5 case, the said appeal is likely to be heard before the month of December 2026. 6. Hence, this Court is of the considered opinion that it may not be appropriate to deprive the claimant from the fruits of litigation for such a long period, as such, this Interlocutory Application is allowed and the Registry is directed to release the 50% of the awarded amount which has been deposited by the Insurance Company before the Registry, subject to furnishing of an indemnity bond equivalent to the amount to be disbursed to the claimants as well as after appropriate verification. 7. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant