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2026 DAILYLAW 7884 (GAU)

KABINDRA RAY AND ORS v. MS BAJAJ ALLIANZ GENERAL INSURANCE CO LTD AND ORS

I.A.(Civil)/670/2026 · 2026-06-09

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/3 GAHC010040582026 2026:GAU-AS:8243 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/670/2026 KABINDRA RAY AND ORS S/O- SRI JIWET RAY 2: SMTI. SITA DEVI W/O- LATE JAGINDRA RAY 3: SRI MINTO RAY S/O- LATE JAGINDRA RAY 4: SMTI. MISA KUMARI RAY D/O- LATE JAGINDRA RAY 5: SRI AKASH RAY S/O- LATE JAGINDRA RAY (RESPONDENT NOS. 1 TO 6 ARE PERMANENT RESIDENT OF VILLAGE- GORAH KARNAL P.O. SAHEBGANJ PIN- 843125 DIST.- MOJAFARPUR BIHAR AND RESPONDENT NOS. 4 5 AND 6 BEING MINOR ARE REP. BY THEIR MOTHER SMTI SITA DEVI RESPONDENT NO. 2) VERSUS MS BAJAJ ALLIANZ GENERAL INSURANCE CO LTD AND ORS HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA, AIRPORT ROAD, YERWADA, PUNE- 411006 AND NORTH EASTERN REGIONAL OFFICE AT SREEJI TOWER, 2ND FLOOR, C/ GAUHATI TEA WARE HOUSING PVT. LTD., ADJACENT TO MAHINDRA SHOWROOM, CHRISTIANBASTI, GUWAHATI, PIN- 781005, KAMRUP(METRO) DISTRICT, ASSAM. (REP. BY ITS LEGAL OFFICER, CLAIMS DEPARTMENT, SRI NAYAN CHOUDHURY. 2:KASHI RAM CHOUDHURY Page No.# 2/3 M/S. KASHI RAM CHOUDHURY AND CO. LTD. OFFICE ADDRESS- ABHAYPUR NORTH GUWAHATI PIN- 781031 DIST.- KAMRUP ASSAM AND PERMANENT RESIDENT OF BOKAKHAT TOWN NEAR POLICE POINT P.O. BOKAKHAT PIN- 785612 DIST.- GOLAGHAT ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MS. A BORUAH,MS. P BHATTACHARYA Advocate for the Respondent : MR. P HAZARIKA, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10/06/2026 The instant application has been filed praying for modification/alteration of the order dated 18.08.2022 passed in I.A.(Civil)/2456/2022 arising out of the MAC Appeal No.516/2022. 2. Heard learned counsel for the applicant, Ms. P. Bhattacharya. 3. The submission of the learned counsel for the applicants herein is that by order dated 18.08.2022 in I.A.(Civil)/2456/2022, this Court had directed that the impugned Judgment and Award dated 19.11.2019 in MAC(D) Case No. 343/2013 shall remain stayed subject to payment of 50% of the awarded amount by the Insurance Company before the Registry of this Court. It was further directed that the claimants/respondent are at liberty to withdraw the said amount after proper verification by the learned counsel. Page No.# 3/3 4. Subsequently, it is stated that the respondent No. 3 in the MAC Appeal 516/2022 has passed away on 25.12.2021 and therefore, she prays that the order dated 18.08.2022 may be modified to the extent that the claimant/respondent Nos. 2,4,5 & 6 may be allowed to withdraw their share from the deposited 50% amount of the award. 5. The learned counsel, Mr. P. Hazarika is present for the appellant/Insurer and has no objection to the said prayer. 6. Accordingly, the application is allowed. 7. The Registry shall allow the respondent/claimants NO. 2,4,5 & 6 to withdraw their share from the deposited 50% amount of the award after due verification and identification by the counsel of the claimant/respondents. JUDGE Comparing Assistant