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2026 DAILYLAW 4783 (GAU)

BINOTA SANGMA ALIAS BINITA SANGMA AND ORS v. THE NEW INDIA ASSURANCE CO LTD ANDORS

I.A.(Civil)/761/2026 · 2026-04-23

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010045522026 2026:GAU-AS:5701 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/761/2026 BINOTA SANGMA ALIAS BINITA SANGMA AND ORS W/O. LT. JITEN SANGMA 2: SILJEING D. SANGMA S/O. LT. JITEN SANGMA 3: PRIM ROSE D. SANGMA S/O. LT. JITEN SANGMA 4: PRINGCHE D. SANGMA D/O. LT. JITEN SANGMA ALL ARE R/O. VILL.- RENGTHAMA NO. 10 BAITHALANGSU P/S. BAITHALANGSU DIST. WEST KARBI ANGLONG ASSAM PIN-782450. OPPOSITE PARTIES NO. 1 WILL REP. THE OPPOSITE PARTIES NO. 2 3 4 BEING MOTHER AND NATURAL GUARDIAN. 5: IMDAD ALI S/O. LT. MAIJAN ALI R/O. VILL.- BORIGAON P/O. DANDUA P/S. MORIGAON DIST. MORIGAON ASSAM PIN-782104 VERSUS THE NEW INDIA ASSURANCE CO LTD ANDORS HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, Page No.# 2/3 MAHATMA GANDHI ROAD, FORT, MUMBAI-400001, AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781005 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY 2:AJIT KRO S/O. LT. POBAN KRO R/O. VIIL.- AMGURI P/S. BAITHALANGSU DIST. WEST KARBI ANGLONG ASSAM PIN-78241 Advocate for the Petitioner : MR. M TALUKDAR, B SARMA Advocate for the Respondent : , MR. A J SAIKIA,M CHETIA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.04.2026 1. Learned counsel Mr. M. Talukdar is present for the applicant and has prayed for withdrawal of the amount of Rs. 18,51,500/- deposited before the Registry of this Court. 2. Learned counsel Mr. A. J. Saikia is present for the respondents and has submitted that he has serious objection as despite the fact that the vehicle was insured by the Insurance Company, the policy did not cover the accident. 3. I have considered the submissions at the Bar. The amount has already been deposited. 4. Learned counsel has prayed that the claimant/applicant No. 1 may be allowed to withdraw the aforementioned amount deposited in the Registry. 5. Thereby, the claimant/applicant No. 1 (Binota Sangma @Binita Sangma) is allowed to withdraw the aforementioned amount subject to the condition that Page No.# 3/3 he furnishes indemnity bond before the Registry of this Court and after proper verification, the Registry may allow the claimant/applicant No. 1 (Binota Sangma @Binita Sangma) to withdraw the amount from the Registry of this Court. 6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant