Page No.# 1/3 GAHC010023972026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/372/2026 SMTI MAMATA ROY ALIAS MAMTA RAY W/O LATE HEMEN ROY 2: DIPAK ROY S/O LATE HEMEN ROY BOTH ALL ARE R/O VILL. NO. 1 KONWARPUR MOUZA-NOWBOICHA P.O. HARIBOR NAHARONI P.S. LALUK DIST. LAKHIMPUR ASSAM PIN 78716 VERSUS THE NATIONAL INSURANCE COMPANY LIMITED SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA, REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-700071 REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005 Advocate for the Petitioner : MR. B BARUAH, Advocate for the Respondent : MS. R D MOZUMDAR, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 10-03-2026 Page No.# 2/3 10.03.2026 Heard Mr. B. Baruah, learned counsel for the applicant as well as Ms. R.D. Mozumdar, learned counsel for the respondent. 2. By filing this Interlocutory application the applicant has prayed for modification of the directions contained in the order dated 18.06.2018 passed in MAC App. 483/2018 and linked Interlocutory application being IA(C) 1901/2018. 3. By virtue of direction contained in paragraph-8 A of the said order, a sum of Rs. 1.00 lakh was ordered to be converted into 4 fixed deposits of Rs. 25,000/- each by providing that out of those 4 fixed deposits, two would be in the name of opposite party no.2 in the said IA and remaining two fixed deposit would be in the name of opposite party no. 3 in the said IA and the sum of Rs. 50,000/- would be released to the opposite party no. 1 to the said Interlocutory application. 4. By referring to the statement made in paragraph-3 of this Interlocutory application, which is supported by the Medical certificate of Death dated 11.04.2024 issued by the Medical Officer, Lakhimpur Medical College and Hospital, it has been submitted that the opposite party no.2 in the said Interlocutory application, namely, Manab Roy was the respondent no.2 in the connected appeal in MAC App. 483/2018 had died on 11.04.2024 at Lakhimpur Medical College and Hospital. Accordingly, as Manab Roy, the opposite party no.2 in the said IA(C) 1901/2018 had expired, prayer is made to modify the order dated 18.06.2018, so that the amount earmarked for Manab Roy (since deceased) can now be released to the applicant no.1, namely, Smt. Mamata Roy. 5. In a usual fairness, the learned counsel for the respondent has not Page No.# 3/3 opposed the prayer. Accordingly, on the projection that Manab Roy, the respondent no.2 in the said MAC Appeal and opposite party no.2 in the IA(C) 1901/2018 has died on 11.04.2024, which is supported by the Medical Certificate, the prayer made in this application stands allowed. 6. The directions contained in paragraph 8(a) of the order dated 18.06.2018, passed in MAC App. 483/2018 is modified by directing that the proceeds of the two fixed deposits standing in the name of Manab Roy, since deceased, liable to be released in the name of applicant no.1, namely, Smt. Mamata Roy. Accordingly, the directions contained in para-8(a) stands modified to the extend as indicated above. 7. This order shall be read together with order dated 18.06.2018 passed in MAC App. 483/2018 with linked case IA(C) 1901/2018. 8. This application stands disposed of. JUDGE Comparing Assistant