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2026 DAILYLAW 131 (GAU)

LALBABU MAHATO v. ORIENTAL INSURANCE COMPANY LIMITED

I.A.(Civil)/35/2026 · 2026-03-09

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/4 GAHC020001282026 2026:GAU-NL:107 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/35/2026 LALBABU MAHATO S/O SHRI BIASH MAHATO, R/O SUNDAY MARKET, LAHORIJAN, P.O./P.S. KHATKHATI, KARBI ANGLONG, ASSAM. REPRESENTED BY HIS BROTHER SHRI NARESH MAHATO. VERSUS ORIENTAL INSURANCE COMPANY LIMITED HEAD OFFICE AT ORIENTAL HOUSE A-25-27, ASAF ALI ROAD, NEW DELHI - 110002, REGIONAL OFFICE AT DIMAPUR, NAGALAND. 2:SHRI MANIK MAXUMDAR S/O LATE J. MAZUMDAR R/O ZAKIESETUO COLONY GOLAGHAT ROAD DIMAPUR NAGALAND. 3:SHRI BHIM MAHATO S/O LATE RAJESH MAHATO R/O HOUSE NO. 5 KHER MAHAL DIMAPUR NAGALAND Advocate for the Petitioner : MEDO VERO, Advocate for the Respondent : , Page No.# 2/4 Linked Case : MACApp./20/2025 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 SHRI. LALBABU MAHATO AND 2 ORS S/O SHRI BIASH MAHATO R/O SUNDAY MARKET LAHORIJAN PO/PS KHATKHATI KARBI ANGLONG ASSAM. (REPRESENTED BY HIS BROTHER SHRI NARESH MAHARO) 2:SHRI MANIK MAXUMDAR S/O LT. J MAZUMDAR. R/O ZAKIESETO COLONY GOLAGHAT ROAD DIMAPUR NAGALAND (OWNER OF M/CYCLE CB SHINE B/R NO. NL-07 4585) 3:SHRI BHIM MAHATO S/O RAJESH MAHATO R/O H.NO. 05 KHERMAHAL DIMAPUR NAGALAND (RIDER OF M/CYCLE CB SHINE B/R NO. NL-07 4585) ------------ Advocate for : KIM PIENYU Advocate for : P. B. CHHETRY appearing for SHRI. LALBABU MAHATO AND 2 ORS Page No.# 3/4 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10/03/2026 The instant application has been filed by the petitioner/ applicant who is the respondent No. 1 in MAC Appeal No. 20/2025. In the present application it is prayed that the applicant maybe allowed to withdraw the 50% of the awarded amount which has been deposited before the Registry of this Court in compliance with the order dated 15.09.2025 passed in MAC Appeal No. 20/2025. 2. Heard learned counsel for the applicant, Mr. Pfosekho Pfotte. He has submitted that while suspending the judgment and award dated 16.06.2025 passed in MAC No. 36/2023, this Court had directed the appellants/ insurance company to deposit 50% of the awarded amount before the Registry of this Court within 2 (two) months. In compliance, the appellants/ insurance company has deposited the 50% of the awarded amount on 27.02.2026. It is further prayed that the applicant maybe allowed to withdraw the amount which has been deposited before the registry. 3. The Court has considered the pleadings and also gone through the authorization as well as the order dated 15.09.2025 passed by this Court. 4. Learned counsel for the appellants/ insurance company, Ms. Kim Pienyu is present and she has no objection in the present application. Page No.# 4/4 5. Accordingly, the petition is allowed, the Registry shall release the deposited amount of Rs. 28,78,000/- (Rupees Twenty Eight lakhs Seventy Eight Thousand) to the counsel for the applicant who has been authorized by Shri. Naresh Mahato, the representative of the respondent No. 1/claimant. The Registry shall duly verify the identity of the counsel as well as Shri. Naresh Mahato and thereafter, release the same. Petition is disposed of. JUDGE Comparing Assistant