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2026 DAILYLAW 1366 (GAU)

RIBU MALAKAR ALIAS RIBON CH MALAKAR ALIAS RIBAN CHANDRA MALAKAR v. THE NEW INDIA ASSURANCE CO LTD

I.A.(Civil)/279/2026 · 2026-02-05

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010021202026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/279/2026 RIBU MALAKAR ALIAS RIBON CH MALAKAR ALIAS RIBAN CHANDRA MALAKAR SO LATE SHAMPA MALAKAR, RO ASHUTOSH LANE, SONAI ROAD, PO SILCHAR, PS SILCHAR, DIST CACHAR, ASSAM, PIN 788006 2: RIMPI MALAKAR ALIAS RIMPI KANGSHABANIK DO LATE SHAMPA MALAKAR RO ASHUTOSH LANE SONAI ROAD PO SILCHAR PS SILCHAR DIST CACHAR ASSAM PIN 78800 VERSUS THE NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT MUMBAI, AND REGIONAL OFFICE AT GUWAHATI 7 2:ABDUL NOOR SO LATE ABDUL WAHID RO VILL MONIPUR PART I PS LAKHIPUR DIST CACHAR ASSAM PIN 788101 3:NIZAM UDDIN LASKAR SO MD NURESH ALI LASKAR RO VILL BANSKANDI PS LAKHIPUR Page No.# 2/3 DIST CACHAR ASSAM PIN 78810 Advocate for the Petitioner : MR. M TALUKDAR, MS. B SARMAH Advocate for the Respondent : MS. M CHOUDHURY, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06.02.2026 1. Heard learned Counsel Mr. M.Talukdar for the applicants/claimants and learned counsel Ms. M.Choudhury for the opposite parties. 2. The learned Counsel for the applicants has prayed for withdrawal of the awarded amount of Rs.5,65,337/- deposited by the insurance company. Learned counsel for the insurance company has raised objection stating that the vehicle was plied without valid permit. 3. The learned counsel for the insurance company has objection to release the amount in favour of the claimants. 4. I have considered the submissions at the Bar with circumspection. 5. Considering all the aspects, the claimants are allowed to withdraw the amount of Rs.5,65,337/- deposited by the insurance company before the Registry of this Court subject to the condition that they shall execute an indemnity bond to the satisfaction of the Registry, who may release the amount after proper verification. Page No.# 3/3 6. In terms of the above observation, the interlocutory application stands disposed of. JUDGE Comparing Assistant