Page No.# 1/7 GAHC010023062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/304/2026 BOIJANTI BALA BORAH W/O- LT. BANI KANTA BORAH, R/O- VILL. KATHALGURI, P.S. BOGINADI, P.O.- PATHALIPUM DIST. LAKHIMPUR, ASSAM, PIN- 787056 VERSUS ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051, ITS ZONAL OFFICE AT APEEJAY HOUSE, 15 PARK STREET, 7TH FLOOR, KOLKATA- 700016, AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR, OFFICE NO. 305 AND 306, G.S. ROAD, GUWAHATI, ASSAM 2:SUMITRA DOLEY PAIT W/O- SRI SURAJ PAIT R/O VILL.- SHITHALMARI P.O.- KULAJAN P.S.- SILAPATHAR DIST.- DHEMAJI ASSAM PIN-787110 3:SURAJ PAIT S/O- SRI DIBAKAR PAIT R/O- NO.2 MAINAPARA P.S.- GOGAMUKH P.O.- MAINAPARA DIST.- DHEMAJI ASSAM. PIN- 787034. 4:JUNTI BORAH D/O- LT. BANI KANTA BORAH R/O- VILL.- KATHALGURI P.S.- BOGINADI Page No.# 2/7 P.O.- PATHALIPUM DIST.- LAKHIMPUR ASSAM 5:JINTU BORAH S/O- LT. BANI KANTA BORAH R/O- VILL.- KATHALGURI P.S.- BOGINADI P.O.- PATHALIPUM DIST.- LAKHIMPUR ASSAM 6:NANDINI BORAH D/O- LT. BANI KANTA BORAH R/O- VILL.- KATHALGURI P.S.- BOGINADI P.O.- PATHALIPUM DIST.- LAKHIMPUR ASSA Advocate for the Petitioner : MR S ARAFAT, MR. N BORUAH Advocate for the Respondent : MR. R GOSWAMI, Linked Case : CO/7/2026 SMT. BOIJANTI BALA BORAH WIFE OF LATE BANI KANTA BORAH RESIDENT OF VILL- KATHALGURI P.O.-PATHALIPUM P.S- BOGINADI DISTRICT- LAKHIMPUR ASSAM PIN- 787056 VERSUS ICICI LOMBARD GEN. INS. CO. LTD. AND 5 ORS. HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI- 400051 AND ZONAL OFFICE AT APEEJAY HOUSE 15 PARK STREET 7TH FLOOR KOLKATA- 700016 AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND 306 Page No.# 3/7 G.S. ROAD GUWAHATI-05 ASSAM 2:SUMITRA DOLEY PAIT W/O SRI SURAJ PAIT R/O VILL.- SHITHALMARI P.O.- KULAJAN P.S.- SILAPATHAR DIST.- DHEMAJI ASSAM PIN-787110 3:SURAJ PAIT S/O SRI DIBAKAR PAIT R/O NO.2 MAINAPARA P.S.- GOGAMUKH P.O.- MAINAPARA DIST.- DHEMAJI ASSAM 4:JUNTI BORAH D/O LATE BANI KANTA BORAH RESIDENT OF VILL- KATHALGURI P.O.- PATHALIPUM P.S- BOGINADI DISTRICT- LAKHIMPUR ASSAM PIN-787056 5:JINTU BORAH S/O LATE BANI KANTA BORAH RESIDENT OF- VILL- KATHALGURI P.O.- PATHALIPUM P.S- BOGINADI DISTRICT- LAKHIMPUR ASSAM PIN-787056 6:NANDINI BORAH D/O LATE BANI KANTA BORAH RESIDENT OF VILL- KATHALGURI P.O.- PATHALIPUM P.S-BOGINADI DISTRICT- LAKHIMPUR ASSAM PIN-787056 Page No.# 4/7 ------------ Advocate for : MR. N BORUAH Advocate for : appearing for ICICI LOMBARD GEN. INS. CO. LTD. AND 5 ORS. Linked Case : MACApp./286/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI 400051 ITS ZONAL OFFICE AT APEEJAY HOUSE 15 PARK STREET 7TH FLOOR KOLKATA-700016 AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR OFFICE NO. 305 AND 306 G.S. ROAD GUWAHATI ASSAM VERSUS BOIJANTI BALA BORAH AND 5 ORS. W/O. LT. BANI KANTA BORAH R/O. VILL.-KATHALGURI P/S. BOGINADI P/O. PATHALIPUM DIST. LAKHIMPUR ASSAM PIN-787056. 2:SUMITRA DOLEY PAIT W/O. SRI SURAJ PAIT R/O. VILL.- SHITALMARI P/O. KULAJAN AND PS. SILAPATHAR DIST. DHEMAJI ASSAM PIN-787110 3:SURAJ PAIT S/O. SRI DIBAKAR PAIT R/O. NO. 2 MAINAPARA P/S. GOGAMUKH Page No.# 5/7 P/O. MAINAPARA DIST. DHEMAJI ASSAM PIN-787034. 4:JUNTI BORAH D/O. LT. BANI KANTA BORAH 5:JINTU BORAH S/O. LT. BANI KANTA BORAH 6:NANDINI BORAH D/O. LT. BANI KANTA BORAH ALL ARE R/O. VILL.- KATHALGURI P/S. BOGINADI P/O. PATHALIPUM DIST. LAKHIMPUR ASSAM PIN-787056. ------------ Advocate for : MS. M SAIKIA Advocate for : MR. N BORUAH appearing for BOIJANTI BALA BORAH AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.03.2026 1. Heard Mr. N. Boruah, the learned counsel for the applicant. Also heard Mr. R. Goswami, the learned counsel for the respondent-Insurance Company. 2. This Interlocutory Application has been filed by the applicant/ claimant, claiming for allowing the applicant/claimant, namely, Boijanti Bala Borah, for allowing her to withdraw the 50% of the awarded amount, which has been deposited by the Insurance Company before the Registry of this Court, in pursuant to the order dated 21.07.2025, passed in I.A.(Civil) No.2158/2025. Page No.# 6/7 3. The learned counsel for the Insurance Company has objected to the prayer made by the applicant on the grounds that in the judgment, the Tribunal had failed to take into consideration the fact that the name of the driver of the offending vehicle was mentioned as one Dhaniram Doley in the FIR by the claimant, and same name was also mentioned in Form-54. However, at the time of filing charge sheet, the charge sheet was filed against one Suraj Pait. 4. He submits that this discrepancy in the name of the driver of the offending vehicle may also involve the complicity of the claimants in furnishing name of a wrong person as the driver of the offending vehicle, which ultimately may weigh against the claimant in this appeal and this appeal may be allowed and the claimant may not get any compensation at all. 5. On the other hand, the learned counsel for the claimants has submitted that the discrepancy in the name of the driver of the offending vehicle in the FIR and in the charge sheet is not an unusual discrepancy as the name of the driver of the offending vehicle may not be known to the claimant at the time of filing of the FIR and the same is revealed only after proper investigation. 6. He submits that the impugned judgment was passed on 27.03.2025 and almost a year has been passed, but the claimants, in spite of getting a favorable order in the Claims Tribunal, are deprived from enjoying the fruits of the litigation. 7. He submits that the claimants are also ready to file an indemnity bond and give an undertaking that in the event of claimants being found not entitled to get any compensation, they are ready to return back the 50% of the amount, which would be disbursed to them. Page No.# 7/7 8. I have considered the submissions made by the learned counsel for both sides. 9. The plea raised by the learned counsel for the Insurance Company has to be considered at the time of hearing of the connected appeal and this Court is of considered opinion that the same may not be a ground for denying the applicants from getting the 50% of the awarded amount during the pendency of the connected appeal. 10. In view of the aforesaid discussion, this Interlocutory Application is allowed. 11. The Registry is, accordingly, directed to disburse the 50% of the awarded amount which was deposited before it by the Insurance Company in pursuant to the order dated 21.07.2025 passed in I.A.(Civil) No.2158/2025 to the claimant Smt. Boijanti Bala Borah after proper verification on furnishing an indemnity bond to the effect that in event of allowing of the connected MAC Appeal No.286/2025 and in event of finding that the claimant is not entitled to get any compensation, she would return back the amount disbursed to him in pursuant to this order. 12. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant