Page No.# 1/5 GAHC010015862019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2887/2024 SMTI SUBHASI DAS AND ANR W/O LT. SUDHIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM 2: ARCHANA DAS W/O LATE SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM VERSUS NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM ------------ Advocate for : MRS. K DEVI Advocate for : MR. K K BHATRA appearing for NATIONAL INSURANCE CO. LTD Linked Case : I.A.(Civil)/789/2020 Page No.# 2/5 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM. VERSUS SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 3:ECHA HAQUE ALI AHMED S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 ------------ Advocate for : MR. K K BHATRA Advocate for : appearing for SMTI SUBHASI DAS AND 2 ORS Linked Case : MACApp./131/2020 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, Page No.# 3/5 KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM. VERSUS SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS, M/O LATE SAMIR KR. DAS, R/O VILL. SOUTH TOKRACHARA PART-IV, P.O. AND P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 3:ON THE DEATH OFECHA HAQUE ALI AHMED HIS LEGAL HEIRS S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 3.1:SMT. AJIJA KHATUN AHMED W/O ECHA HAQUE ALI AHMED VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 3.2:MR. ARIF AHMED S/O ECHA HAQUE ALI AHMED VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM Page No.# 4/5 PIN 78333 Advocate for the Petitioner : MR. K K BHATRA, MR. D BHUYAN,MR. R K BHATRA,MS. R DUTTA Advocate for the Respondent : MRS. K DEVI, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.01.2026 Heard Mrs. K. Devi, learned counsel for the applicant and Ms. Biyani, learned counsel appearing for the appellant/opposite party. 2. This interlocutory application is preferred by the applicant for releasing 50% of the awarded amount, which has been deposited by the appellant, pursuant to the order of this Court, dated 06.01.2021, passed in I.A.(Civil) No. 789/2020, in MAC Case No. 131/2020. 3. Mrs. Devi, learned counsel for the applicant submits that 50% of the awarded amount has already been deposited before the Registry of this Court, but the opposite party has raised objection in releasing the aforesaid amount, which, according to Mrs. Devi, is not at all sustainable and as such, she has contended to allow this application. 4. However, Ms. Biyani, learned counsel for the appellant/opposite party, submits that there is a violation of the policy condition and as such, the appellant has raised objection in releasing the 50% of the awarded amount. 5. However, taking note of the submissions of the learned counsel for both the parties and also considering the facts and circumstances on the record, and also the statements, objects and reasons in enacting the benevolent provision in the Page No.# 5/5 Motor Vehicle Act, this Court is inclined to allow this application. 6. Subject to execution of a bond of equal amount, the 50% amount, deposited before the Registry of this Court, shall be released in favour of the applicant. 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant