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2026 DAILYLAW 17413 (GAU)

HAMIDA BIBI AND 2 ORS. v. ORIENTAL INSURANCE COMPANY LTD AND 5 ORS.

I.A.(Civil)/4211/2025 · 2026-01-06

Kardak Ete

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Judgment text

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Page No.# 1/5 GAHC010287282025 2026:GAU-AS:223 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4211/2025 HAMIDA BIBI AND 2 ORS. W/O LATE ABDUS SAMAD, R/O VILLAGE- NO. BHANDARA, P.O- BHANDARA BAZAR, P.S- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN- 783380 2: NASER ALI S/O LATE ABDUS SAMAD VILLAGE NO. BHANDARA PO BHANDARA BAZAR. PS MANIKPUR DIST. BONGAIGAON ASSAM 3: HASEN ALI S/O LATE ABDUS SAMAD VILLAGE NO. 4 BHANDARA PO BHANDARA BAZAR. PS MANIKPUR DIST. BONGAIGAON ASSA VERSUS ORIENTAL INSURANCE COMPANY LTD AND 5 ORS. REPRESENTED BY THE REGIONALMANAGER., HAVING ITS REGISTEREDOFICE AT ORIENTAL HOUSE A-25/27BRASAF ALI ROAD, NEW DELHI 110002BRAND REGIONAL AT GUWAHATI-07. 2:AMJAD ALI S/O AHER ALI VILLAGE NO. BHANDARA PO BHANDARA BAZAR. PS MANIKPUR DIST. BONGAIGAON ASSAM 3:ASHIRUDDIN AHMED S/O MD. ABDUL REZZAK RESIDENT OF VILLAGE DOLAIGAON PO Page No.# 2/5 PS AND DIST BONGAIGAON ASSAM 4:THE UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. UNIT NO. 1 COM B 1ST FLOOR ADAMS PLAZA GS ROAD CHRISTIAN BASTI BONGAIGAON ASSAM 5:SHRI. NARAYAN PAL S/O R. PAL RESIDENT OF B/28 HARIDARSHAN SOCIETY NAVA VASTRAL R.T.O ROAD VASTRAL AHMEDABAD 380027 6:SRI NARAYAN R. BAGHEL S/O RAMSEWAK RESIDENT OF B/28 HARIDARSHAN SOCIETY NAVA VASTRAL R.T.O ROAD VASTRAL AHMEDABAD 38002 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : MR SISHIR DUTTA, MS S MOCHAHARI,MR S DUTTA,MR. S DUTTA BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07.01.2026 Heard Mr. M. Khan, learned counsel for the applicants. Page No.# 3/5 This is an application seeking correction of the order dated 13.12.2025, passed by this Court in the National Lok Adalat in MAC Appeal No. 53/2024. It is noticed that by an order dated 13.12.2025, passed in the National Lok Adalat in MAC Appeal No. 53/2024, this Court, inter alia, has directed, which is reproduced hereinbelow:- “It is submitted that the total awarded amount is Rs. 7,47,600/- (Rupees seven lakhs forty seven thousand six hundred) only. After negotiation, both the parties have mutually agreed to settle the matter for a sum of Rs. 7,23,800/- (Rupees seven lakhs twenty three thousand eight hundred) only, out of which Rs. 3,73,800/- (Rupees three lakhs seventy three thousand eight hundred) only has already been paid and a balance amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only is agreed upon as a full and final settlement of the claim. Accordingly, the appellant/Oriental Insurance Company Ltd. is hereby directed to deposit the amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only before the Registry of this Court within 1 (one) month from the date of the order. The claimant No. 1, namely, Hamida Bibi, shall be entitled to receive 2,00,000/- (Rupees two lakhs) only and the claimant No. 2, namely, Naser Ali, and the claimant No. 3, namely, Hasen Ali, shall be entitled to receive a sum of Rs. 75,000/- (Rupees seventy-five thousand) only each. Accordingly, the claimant No. 1, Hamida Bibi; claimant No. 2, Naser Ali; and claimant No. 3, Hasen Ali, are permitted to withdraw their respective shares of the amount, which will be deposited by the Insurance Company before the Registry of this Court, upon proper verification and identification.” The above order indicates that out of total settled amount of Rs. 7,23,800/- (Rupees seven lakhs twenty three thousand eight hundred) only, an amount of Rs. 3,73,800/- (Rupees three lakhs seventy three thousand eight Page No.# 4/5 hundred) only has already been paid and a balance amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only is agreed upon as a full and final settlement of the claim. Accordingly, the Oriental Insurance Company Ltd. was directed to deposit the balance amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only. However, the said amount of Rs. 3,73,800/- (Rupees three lakhs seventy three thousand eight hundred) only has already been deposited before the Registry of this Court. Thus, it appears that inadvertently it has been recorded in the order as already been “paid”. In view of above, it is directed that the amount of Rs. 3,73,800/- (Rupees three lakhs seventy three thousand eight hundred) only, which has already been deposited before the Registry of this Court, along with the balance amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only, which has been directed to be deposited by the Oriental Insurance Company Ltd. before the Registry of this Court, shall be allowed to be withdrawn by the claimants in terms of the above order dated 13.12.2025. It is further clarified that out of the amount of Rs. 3,73,800/- (Rupees three lakhs seventy three thousand eight hundred) only, the claimant Nos. 2 & 3 shall be entitled to receive a sum of Rs. 75,000/- (Rupees seventy-five thousand) only each, and claimant No. 1 shall be entitled to receive the remaining amount of Rs. 2,23,800/- (Rupees two lakhs twenty three thousand eight hundred) only. In respect of Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only, the order dated 13.12.2025 shall remain the same. Interlocutory application stands disposed of in terms above. Page No.# 5/5 This order shall form part of the order dated 13.12.2025, passed in the National Lokadalat in MAC Appeal No. 53/2024. JUDGE Comparing Assistant