Page No.# 1/4 GAHC010024472017 2026:GAU-AS:6087 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./232/2017 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, ABC, GUWAHATI. VERSUS SMT SUNITA DEVI and 4 ORS W/O LATE NANDA LAL PASWAN 2:MISS PREETI KUMARI D/O LATE NANDA LAL PASWAS 3:MISS RUPAM KUMARI D/O LATE NANDA LAL PASWAN 4:MISS SHILFA KUMARI D/O LATE NANDA LAL PASWAN 5:M/S QUALITY COKE INDUSTRIES P LTD. 309 2ND FLOOR BAROOAH MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI 781001 DIST. KAMRUP M ASSAM Advocate for the Petitioner : MS.P HUJURI, MR A SAIKIA,MR.K K BHATRA,MR.R K Page No.# 2/4 BHATRA,MS.A BORA,MS.S DAS Advocate for the Respondent : MR D K KALITA, Linked Case : I.A.(Civil)/1700/2025 SUNITA DEVI W/O LATE NANDA LAL PASWAN 2: MISS PREETI KUMARI D/O LATE NANDA LAL PASWAN 3: MISS RUPAM KUMARI D/O LATE NANDA LAL PASWAN 4: MISS SHILFA KUMARI D/O LATE NANDA LAL PASWAN ALL ARE PERMANENT RESIDENT OF VILLAGE MAHANTH MANIYARI TOLA GIGHIYA PS MANIYARI DIST MUZZAFFARPUR BIHAR PRESENTLY RESIDING AT C/O SRI DINESH SHAH S/O SRI RAJ KUMAR SHAH G.S COLONY FATASHIL PUKHURIPAR GUWAHATI 25 DIST KAMRUP M ASSAM VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD ABC GUWAHATI. 2:M/S QUALITY COKE INDUSTRIES (P) LTD. 309 2ND FLOOR BAROOAH MARKET TRP ROAD Page No.# 3/4 FANCY BAZAR GUWAHATI 781001 DIST KAMRUP (M) ASSAM. ------------ Advocate for : MR D K KALITA Advocate for : MR. K K BHATRA appearing for THE NEW INDIA ASSURANCE COMPANY LIMITED BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 05.05.2026 1. Heard Ms. A. Biyani, the learned counsel appearing on behalf of Mr. R. K. Bhatra, learned counsel for the appellant/Insurance Company. Also heard Mr. D. K. Kalita, the learned counsel for the respondent Nos. 1 to 4. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the appellant Insurance Company, namely, New India Assurance Company Limited, impugning the judgment dated 13.12.2016 passed in MAC Case No. 1972/2013, whereby the appellant-Insurance Company was directed to pay a compensation amount of Rs. 6,55,800/- along with an interest of 6% per annum to the claimant, and thereafter, the appellant was given liberty to recover the amount of compensation from the insured, i.e., the owner of the offending vehicle, if it desires to do so. 3. The learned counsel for the appellant submits that in pursuant to the directions of this Court, the appellant Insurance Company has deposited the entire compensation amount, which was awarded to the claimant/respondent along with interest before the Registry of this Court, and the same has also been withdrawn by the claimant. 4. The learned counsel for the appellant further submits that under Page No.# 4/4 such circumstances, the appellant does not intend to pursue this appeal, provided it is given liberty to recover the amount of compensation paid by it from the respondent No. 5, i.e., the owner of the offending vehicle. 5. After considering the submissions made by the learned counsel for the appellant, this appeal is closed with an observation that the appellant shall be at liberty to recover the amount of compensation paid by it to the respondent/claimant from the owner of the offending vehicle, if it desires to do so, as per the guidelines laid down by the Apex Court in this regard. 6. With the above observation, this appeal is hereby disposed of. JUDGE Comparing Assistant