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2026 DAILYLAW 4440 (GAU)

THE ORIENTAL INSURANCE COMPANY LTD v. SMTI. NIVA GOGOI AND 2 ORS

I.A.(Civil)/57/2026 · 2026-04-15

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/3 GAHC020002172026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/57/2026 THE ORIENTAL INSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT ORIENTAL HOUSE A-25/27, ASAF ALI ROAD, NEW DELHI - 110002 AND REGIONAL DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE AT GUWAHATI, ASSAM AND DIVISIONAL OFFICE AT DIMAPUR, NAGALAND. VERSUS SMTI. NIVA GOGOI AND 2 ORS W/O AMRIT KR. GOGOI R/O QUARTER NO 16-A, ASSA STATE ZOO COMPLEX, R.G. BARUAH ROAD, P.S. GEETA NAGAR, PIN 781021, GUWAHATI, KAMRUP-M, ASSAM 2:SHRI MIRAJUL ALEM S/O MANSER ALI R/O HOUSE NO. 45 MANDAKINI PATH KALYANPUR GANESHGURI PIN - 781006. (OWNER OF THE HERO MAESTRO SCOOTY BEARING NO AS- 01-BW-3784) 3:SHRI SUBHASH SINGHA S/O BINOD BEHARI SINGHA R/O PADMERPAR PAITUR BAZAAR P.O. AND P.S. KAILASHSAHAR UNAKOTI PIN-799279 DISTRICT - TRIPURA (DRIVER Advocate for the Petitioner : KIM PIENYU, Advocate for the Respondent : , Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 16-04-2026 The instant application has been filed by the Oriental Insurance Company Ltd/appellant in MACApp.1/2023. 2. Heard the learned counsel for the appellant Ms. Kim Pienyu. 3. It is submitted that MACApp.1/2023 had been pre- ferred by the present applicant challenging the judgment and award dated 29.08.2022 passed by the learned MACT Mokokchung in connection with MAC Appeal No. 18/2019. It is stated that the learned MACT Mokokchung had awarded an amount of Rs.8,00,000/- (Rupees eight lakhs) with interest. By disposing of the MACApp.1/2023, this Court by judgment and or- der dated 01.08.2025 had partially allowed the appeal of the ap- plicant/Oriental Insurance Company and had awarded an amount of Rs.3,70,000/- (Rupees Three lakhs seventy thousand). The Oriental Insurance Company/applicant was di- rected to pay the compensation with 6% interest from the date of filing the petition. 4. The learned counsel for the applicant submits that the statutory deposit of Rs.25,000/- which was deposited before the Registry of this Court while filing the MACApp.1/2023 is still lying in the Registry and it is therefore, prayed that the appli- cant/Oriental Insurance Company may be allowed to withdraw the statutory deposit of Rs.25,000/-. Page No.# 3/3 5. This Court had considered the submissions of the learned counsel for the applicant and perused the judgment and order dated 01.08.2025 passed in MACApp.1/2023. It is seen that this Court had partly allowed the appeal preferred by the applicant herein and has interfered with the award of Rs. 8,00,000/- with interest which was granted by the MACT, Mokokchung in MAC Appeal No.18/2019 and instead awarded Rs.3,70,000/- to the claimant/respondents. Accordingly, Registry is directed to allow the applicant/Oriental Insurance Company to withdraw the statutory deposit of Rs.25,000/- which was de- posited before the registry of this Court at the time of filing MAC1/2023. 6. I.A. stands disposed of. Sd/- JUDGE Comparing Assistant