Page No.# 1/4 GAHC010249432025 2026:GAU-AS:6808 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3662/2025 SMTI SUNITA DEVI NIMODIA W/O LATE JUGAL KISHORE NIMODIA, HAVING ADDRESS AS C/O SRI S. KILLA, NEPALIPATTY, NEAR NEPALI CHATRA NIWAS, P.O. P.S. TEZPUR, DIST SONITPUR, ASSAM- 784001 VERSUS MD MAFIJUL ALI S/O MOHAMMAD ALI, RESIDENT OF VILLAGE NO.1 DOLABARI, P.O. P.S. TEZPUR, DIST SONITPUR, ASSAM. OWNER OF THE VEHICLE NO. AS-12-D- 3979 2:MR DIPAK MIAJAR SON OF LATE CHANDRA BAHADUR RESIDENT OF VILL GODHANA BASTI P.O. P.S. HALEM DIST BISWANATH ASSAM. DRIVER OF THE VEHICLE NO. AS-12-AD-3979 3:HDFC ERGO GENERAL INSURANCE CO LTD MAYUR GARDEN GROUND FLOOR OPPOSITE RAJIB BHAWAN ABC GS ROAD GUWAHATI ASSAM- 781005. INSURER OF THE VEHICLE NO. AS-12- AD-397 Advocate for the Petitioner : MR. A DHANUKA, MR. A GANGULY Advocate for the Respondent : , Page No.# 2/4 In MACApp. Case No. 201/2025 With MACApp. Case No. 201/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 18.05.2026 [1] Heard Mr. A. Ganguly, the learned counsel appearing for the applicant. [2] This interlocutory application has been filed by the applicant/appellant in connection with the connected MACAppeal No. 201/2025, praying for issuance of a direction to the Motor Accident Claims Tribunal, Sonitpur, Tezpur, for release of the awarded amount, which has already been deposited by the insurance company before the said Tribunal. [3] The learned counsel for the applicant submits that since in the connected MAC Appeal No. 201/2025, the records of MACCase No. 110 of 2022(D), were requisitioned and since the records has already been received by this court, the Motor Accident Claims Tribunal, Sonitpur, Tezpur is reluctant to release the awarded amount to the present applicant/claimant. He submits that since the issue before this court in the connected appeal only, as regards the contention of the present appellant regarding enhancement of the compensation awarded to the present applicant, the Page No.# 3/4 amount of compensation already awarded need not to be withheld with the Motor Accident Claims Tribunal, during the pendency of this appeal. Hence, he prays for issuance of a direction to the concerned Motor Accident Claims Tribunal, to release the same. [4] The submissions made by the learned counsel for the applicant seems to be reasonable. Since in the connected appeal, the issue involved is as to whether the claim for enhancement of the award made by the present applicant is justified or not, however, since as regards the compensation, which has already been awarded by the Motor Accident Claims Tribunal to the present applicant. Hence, there is no reason for withholding the same by the Motor Accident Claims Tribunal, Sonitpur. [5] The Motor Accident Claims Tribunal, Sonitpur is, accordingly, directed to disburse the amount of compensation awarded to the present applicant/claimant, i.e. Rs. 10,13,000/- along with an interest @ 7.5 % per annum, which has already been deposited by the respondent No. 3/insurance company before it. While disbursing the said amount, the Motor Accident Claims Tribunal, Sonitpur shall maintain some record and send a report to this court, as regards disbursal of the said amount to the present applicant, namely, Smti Sunita Devi Nimodia. Page No.# 4/4 [6] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant