Page No.# 1/3 GAHC010009832026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/138/2026 SRI CHANU MUKHARJEE SON OF LATE KRISHNO MUKHERJEE RESIDENT OF SONARI TOWN WARD NO 10 PO AND PS SONARI DIST CHARAIDEO ASSAM VERSUS NEW INDIA ASSURANNCE COMPANY LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 REPRESENTED BY ITS REGIONAL MANAGER GS ROAD GUWAHATI ASSAM PIN 781007 Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : MR. A ACHARYA, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.09.2026 1. Heard Mr. B. J. Mukherjee, learned counsel for the applicant. Also heard Mr. A. Acharya, learned counsel for the Insurance Company. 2. This interlocutory application has been filed by the applicant/claimant in connection with MAC Appeal No. 350/2025 praying for allowing the applicant/claimant to withdraw 50% of the awarded amount which was deposited by the Insurance Company before the Registry of this Court in Page No.# 2/3 pursuant to the directions of this Court. 3. It is submitted that the Insurance Company has deposited an amount of Rs.4,28,500/-. 4. The learned counsel for the applicant prays for allowing the applicant to take said amount. 5. On the other hand, Mr. A. Acharya, learned counsel for the opposite party/Insurance Company has submitted that the connected appeal has been filed by the Insurance Company questioning the quantum of compensation paid to the claimant in MAC Case No. 5/2022. He submits that the main contention in the appeal by the Insurance Company is that there is no loss of earning of the claimant due to the injuries sustained by him in the said accident as he continues to draw salary from his employer. 6. As such, the learned counsel for the Insurance Company submits that the amounts of Rs.2,08,681/- which is not disputed by the Insurance Company may be disbursed out of the 50% of the awarded amount which has been deposited by the Insurance company. 7. Considerng the submissions made by the learned counsel for the parties, I see substances in the submissions of learned counsel for the Insurance Company. 8. As such, this interlocutory application is disposed of with a direction to the Registry to disburse an amount of Rs.2,08,681/- to the claimant/applicant out of the amount which has already been deposited by the Insurance Company before it, after proper verification. Page No.# 3/3 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant