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2026 DAILYLAW 5484 (GAU)

SAJIRAN NESSA v. NEW INDIA ASSURANCE COMPANY LTD

I.A.(Civil)/779/2026 · 2026-05-03

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010046022026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/779/2026 SAJIRAN NESSA WO KUDDUS ALI 2: AMINUR ALI SK S/O LATE SOFIQUL HAQUE ALL ARE RESIDING AT VILL. PACHIM GAIKHOWA PART II P.O. DIMAKURI P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 3: CHABAR UDDIN PRODHANI S/O TOMIZ UDDIN PRODHANI R/O VILL. BINNACHARA PART IV P.O. BALADOBA P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783127 4: ALI HUSSAIN S/O AMIR AKI R/O VILL. P.O. BALADOBA P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 78312 VERSUS Page No.# 2/3 NEW INDIA ASSURANCE COMPANY LTD A PUBLIC SECTOR UNDERTAKING COMPANY, REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD, FORT MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT STATE CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, G.S. ROAD, ULUBARI, GUWAHATI 781007, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI, ASSAM. Advocate for the Petitioner : MR. S RAHMAN, MR. M MONDAL(R1,1.2) Advocate for the Respondent : MR. R C PAUL, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.05.2026 1. Heard Mr. S. Rahman, learned counsel for the applicant. Also heard Mr. R. C. Paul, learned counsel for the respondent/Insurance Company. 2. This interlocutory application has been filed by the applicant/claimant praying for allowing the claimant/applicant to withdraw the 50% of the awarded amount which has been deposited by the respondent/Insurance Company before this Court in pursuant to the directions of this Court given in the order dated 15.12.2025 passed in I.A.(C) No. 4036/2025. 3. It is submitted at bar that in the aforesaid order, in paragraph No. 2 in line No. 6, the name of the Motor Accident Claims Tribunal has been wrongly mentioned as Motor Accident Claims Tribunal, Dibrugarh in place of Motor Accident Claims Tribunal, Dhubri. In the said order, the word “Dibrugarh” shall be read as “Dhubri”. Page No.# 3/3 4. The prayer made by the applicant in this instant interlocutory application is allowed after considering the averments made in the instant application. 5. The Registry is directed to disburse the 50% of the awarded amount to the present applicant/claimant after proper verification on furnishing of an indemnity bond of the like amount. 6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant