SMTI ANADA DAS v. THE NEW INDIA ASSURANCE CO LTD AND 2 ORS
I.A.(Civil)/2392/2026 · 2026-08-23
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13186 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13186 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010148662026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2392/2026
SMTI ANADA DAS W/O LATE THOGIRAM DAS, R/O VILL. NO 1 GOROIMARI GAON, P.O.
MOHURAMUKH, P.S. KAMARGAON, DIST. KAMRUP, ASSAM, PIN 785619
VERSUS
THE NEW INDIA ASSURANCE CO LTD AND 2 ORS HAVING ITS REGISTERED AND HEAD OFFICE AT 87 M.G. ROAD FORT, MUMBAI 400001 AND REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, G.S. ROAD, ULUBARI, GUWAHATI, DIST. KAMRUP M, ASSAM, PIN 781007 REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI
2:M/S CARGO MOTORS REPRESENTED BY ITS MANAGER HIJUGURI A.T. RAOD TINSUKIA P.O. AND P.S.- TINSUKIA DIST- TINSUKIA ASSAM PIN-786125
3:MD. MURAD ALAM ANSARI S/O ALIMAN ANSARI R/O VILL- STATION ROAD GIRIDHI P.O. AND P.S.- GIRIDHI DIST- GIRIDHI JHARKHAND PIN-81530
Page No.# 2/4 Advocate for the Petitioner : MR. M DUTTA,
Advocate for the Respondent : MR. R C PAUL,
Linked Case : MACApp./125/2026
NEW INDIA ASSURANCE COMPANY LIMITED A PUBLIC SECTOR UNDERTAKING COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD FORT MUMBAI- 400001 WITH ONE OF ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR G.S. ROAD ULUBARI GUWAHATI-781007 REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI ASSAM
VERSUS
SMTI. ANADA DAS AND 2 ORS. W/O LATE THOGIRAM DAS R/O VILL- NO. 1 GOROIMARI GAON P.O.- MOHURAMUKH P.S.- KAMARGAON DIST- GOLAGHAT ASSAM PIN-785619
2:M/S CARGO MOTORS REPRESENTED BY ITS MANAGER HIJUGURI A.T. RAOD TINSUKIA P.O. AND P.S.- TINSUKIA DIST- TINSUKIA ASSAM PIN-786125
3:MD. MURAD ALAM ANSARI S/O ALIMAN ANSARI R/O VILL- STATION ROAD
Page No.# 3/4 GIRIDHI P.O. AND P.S.- GIRIDHI DIST- GIRIDHI JHARKHAND PIN-815301 ------------ Advocate for : MR. R C PAUL Advocate for : MR. M DUTTA(R1) appearing for SMTI. ANADA DAS AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 24.08.2026
1. Heard Mr. M. Dutta, the learned counsel for the applicant. Also heard Mr. R. C. Paul, the learned counsel for the opposite party Insurance Company. 2. This Interlocutory Application has been field by the applicant/claimant praying for allowing the applicant/claimant to withdraw the 50% of the awarded amount deposited by the Insurance Company before the Registry of this Court in pursuant to the order dated 20.03.2026 passed in I. A. (Civil) No. 947/2026 in connection with MAC Appeal No. 125/2026. 3.
The learned counsel for the Insurance Company has not opposed to the prayer. His only submission is that the applicant may be asked to submit an indemnity bond as the question of validity of the driving license of the driver of the offending vehicle has been raised in the connected appeal as well as some other grounds. 4. After considering the submission of the learned counsel for both sides, this Interlocutory Application is allowed. Page No.# 4/4
5. The Registry is directed to disburse the 50% of the awarded amount deposited by the New India Insurance Company before it in pursuant to the order dated 23.03.2026 passed in I.A. (Civil) No. 947/2026 to the claimant Smt. Anada Das subject to furnishing of an indemnity bond equivalent to the amount which is to be disbursed to her in pursuant to this order and after proper verification. 6. This Interlocutory Application is, accordingly, disposed of. 7. Out to 50% awarded amount to be disbursed to the claimant Rs. 75,000/- shall be deposited in Fixed Deposit in the name of the claimant for a period of two years from the date of such disbursement. 8. This Interlocutory Application is accordingly disposed of. JUDGE
Comparing Assistant