Page No.# 1/4 GAHC010036282026 2026:GAU-AS:8046 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/568/2026 KAHINUR BEGUM W/O. LT. SAHAB UDDIN 2: MAFIJUL HOQUE S/O LATE SAHAB UDDIN 3: SAFIK ALOM S/O LATE SAHAB UDDIN 4: SHAHANAS BEGUM D/O LATE SAHAB UDDIN THE APPLICANT NO. 3 AND 4 ARE BEING MINOR TO BE THEIR MOTHER APPLICANT NO. 1 RESIDENT OF VILLAGE TENTOPUR PO KIRTONPARA PS ABHAYAPURI DIST. BONGAIGAON ASSAM. 78338 VERSUS THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGA 2:ALI HUSSAIN S/O GULJAR HUSSAIN Page No.# 2/4 RESIDENT OF VILLAGE TENTOPUR PO TILPUKHURI PS ABHAYAPURI DIST BONGAIGAON ASSAM. 783384 3:AWAL HOQUE ZODDAR S/O AKKASH ALI RESIDENT OF VILLAGE AND PO TILPUKHURI PS ABHAYAPURI DIST. BONGAIGAON ASSAM. 78338 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : MR. T KALITA, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 08.06.2026 1. Heard Mr. M. Khan, learned counsel for the applicant and Mr. T. Kalita, learned counsel for respondent. 2. This application under Section 151 of the CPC has been filed by the applicant, praying for a direction to release the share of the claimant/respondent No.5 in favor of the claimant/respondent Nos. 1 to 4. 3. The learned counsel for the applicant submits that the applicants had filed a claim petition being MACT case No. 144/2021 before the MACT Bongaigaon which was disposed on 30/11/2024 directing the Insurance Company to pay compensation of Rs.12,45,190/-. However, the National Page No.# 3/4 Insurance Company has preferred an appeal against the award dated 30.11.2024 which has been registered as MAC Appeal No. 38/2026 and in connection with the said appeal an IA No. IA(Civil)287/2026 was also filed for stay of the impugned judgment and award dated 30/11/2024. This Court, by an order dated 9/2/2026 in the said IA(Civil) 287 of 2026 had stayed the execution of the impugned award subject to the condition that the appellant shall deposit 50% of the awarded amount before the Registry of this Court within a period of 6 weeks from the date of the order. 4. This court also made an observation that upon such deposit being made, the claimant shall be at liberty to approach the Registry of this Court by filing an appropriate application for release of the deposited amount. And after due verification of the identity and entitlement of the applicant, the Registry shall in accordance with law release the deposited amount to the claimant after obtaining proper acknowledgement. 5. During the intervening period the respondent No. 5 in the MAC appeal 38 of 2026 expired and therefore, this Court by an order dated 9/2/2026 in MAC Appeal 38 of 2026, directed that the name of the respondent No. 5 shall stand struck off from the cause list and the amended cause title be submitted to the Registry. The amended cause title has been subsequently filed by the appellant. 6. It is submitted by the learned counsel for the applicant that the appellant has already deposited 50% of the awarded amount in compliance with the order dated 9.02.2026 passed by this court in IA No. 287/2026. He has submitted that since the claimant/respondent No. 5 has already expired and all the legal representatives of the deceased are Page No.# 4/4 represented, the instant application has been filed praying for a direction to the Registry to disburse the share of the deceased respondent No. 5 in favor of the remaining claimants. 7. Learned counsel, Mr. T. Kalita, appearing for the respondent has fairly submitted that this Court, by order dated 9/2/2026 in IA(Civil) 287 of 2026 has already made the observation that the claimant shall be at liberty to approach this Court by filing an application for release of the deposited amount. 8. In view of the facts and circumstances as stated above, the instant application is allowed. 9. The Registry is directed to release the share of the claimant/respondent No. 5, to the present applicants after due verification of the identity and entitlement of the applicants and upon execution of an indemnity bond for the same. 10. Accordingly, this interlocutory application stands disposed of. JUDGE Comparing Assistant