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2026 DAILYLAW 5390 (GAU)

SUNNY KUMAR v. THE NATIONAL INSURANCE CO LTD AND 2 ORS

I.A.(Civil)/575/2026 · 2026-05-03

Mridul Kumar Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010036932026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/575/2026 SUNNY KUMAR S/O SHRI SURESH SINGH, R/O VILL. SOLGAON, BOKAJAN, MOUZA HALESWAR, P.S. TEZPUR, DIST. SONITPUR, ASSAM. VERSUS THE NATIONAL INSURANCE CO LTD AND 2 ORS HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT PLOT NO. CBD 81 NEW TOWN, KOLKATA 700156 AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI, DIST. KAMRUP M, ASSAM. 2:PRANJAL BORAH S/O-KRISHNA NANDA BORAH R/O-VILL-HAZARIKA CHUK COTTON ROAD P.O-AND P.S-TEZPUR DIST-SONITPUR ASSAM-784001(OWNER CUM DRIVER OF THE VEHICLE NO.AS12-AD/9394) (CAR) 3:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. REPRESENTED BY BRANCH MANAGER TEZPUR BRANCH P.O. AND P.S. TEZPUR DIST- SONITPUR ASSAM PIN-784001. (INSURER OF VEHICLE NO.AS-12T/2473(I-20 Advocate for the Petitioner : MS D DEVI, MR. S BISWAS (R-1) Advocate for the Respondent : MS. M SAIKIA, MR. R BAISHYA(R-3),MR. R GOSWAMI,MS. P BORTHAKUR Page No.# 2/4 In Case : MACApp./473/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT PLOT NO.CBD 81 NEW TOWN KOLKATA-700156 AND ITS REGIONAL OFFICE AT G.S.ROAD BHANGAGARH GUWAHATI. VERSUS SUNNY KUMAR AND 2 ORS. S/O SRI SURESH SINGH R/O-VILL-SOLAGAON BOKAJAN MOUZA-HALESWAR P.S.TEZPUR DIST-SONITPUR ASSAM. PIN-784001. (CLAIMANT) 2:PRANJAL BORAH S/O-KRISHNA NANDA BORAH R/O-VILL-HAZARIKA CHUK COTTON ROAD P.O-AND P.S-TEZPUR DIST-SONITPUR ASSAM-784001(OWNER CUM DRIVER OF THE VEHICLE NO.AS12-AD/9394) (CAR) 3:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. REPRESENTED BY BRANCH MANAGER TEZPUR BRANCH P.O. AND P.S. TEZPUR DIST- SONITPUR ASSAM PIN-784001. (INSURER OF VEHICLE NO.AS-12T/2473(I-20) ------------ Advocate for : MS. M SAIKIA Advocate for : MR. P M TALUKDAR (R-3) appearing for SUNNY KUMAR AND 2 ORS. Page No.# 3/4 WITH MACApp. Case No. 473/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.05.2026 [1] Heard Ms. Th. Merab, the learned counsel appearing for the applicant. Also heard Ms. P. Borthakur, the learned counsel for the respondent No. 1 and Mr. R. Baishya, the learned counsel for the respondent No. 3/insurance company. [2] This interlocutory application has been filed by the applicant in connection with MAC Appeal No. 473/2025, praying for a direction for allowing the present applicant to withdraw the 50% of the awarded amount deposited before the Registry by the National Insurance Company Ltd. in pursuant to the order dated 17.10.2025, passed in I.A.(Civil) No. 3331/2025. [3] The learned counsels for the National Insurance Company Ltd. (respondent No. 1) as well as respondent No. 3 have no objection if the said prayer is allowed. [4] Hence, the prayer is allowed. [5] The Registry is directed to disburse the 50% of the awarded amount, which was deposited by the National Insurance Company Ltd. before it in pursuant to Page No.# 4/4 the above mentioned order to the applicant/claimant, Sunny Kumar after proper verification. [6] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant