Page No.# 1/4 GAHC010101212026 2026:GAU-AS:9128 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2056/2026 ON THE DEATH OF BINA DEY HER LEGAL HEIR DEBASHISH DEY SON OF LATE DILIP DEY RESIDENT OF LANE NO 1 HOUSE NO 38 LINK ROAD SILCHAR 6 DISTRICT CACHAR ASSAM VERSUS NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD BHANGAGARH GUWAHATI 5 REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GS ROAD BHANGAGARH GUWAHATI 6 KAMRUP METRO ASSAM 2:AJOY KUMAR DEB SON OF SRI NIKHIL RANJAN DEB RESIDENT OF LINK ROAD LANE NO 6 PO AND PS SILCHAR DISTRICT CACHAR ASSAM 3:SULAKSHAN BALI SON OF SRI SURAJ BALI CO PREM SINGH LALMATI BELTOLA PS BASISTHA GUWAHATI 29 DISTRICT KAMRUP METRO ASSAM 4:ASHOK DAS SON OF LATE NIBARAN DAS RESIDENT OF LINK ROAD LANE NO 6 PO SILCHAR DISTRICT CACHAR ASSAM 5:MONISH KUMAR SON OF SRI RAJENDAR SINGH VILLAGE KAHANU WALA PS PAUNTA SAHIB DISTRICT SIRMOR HIMACHAL PRADESH 6:THE UNITED INDIA INSURANCE CO LTD REPRESENTED BY ITS DIVISIONAL MANAGER THE UNITED UNDIA INSURANCE CO LTD OF SYAMAPRASAD ROAD PO AND PS SILCHAR Page No.# 2/4 CACHAR ASSA Advocate for the Petitioner : MS. P BARUAH, Advocate for the Respondent : MR. R GOSWAMI, In Case : MACApp./171/2012 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. G.S ROAD BHANGAGARH GUWAHATI. VERSUS BINA DEY and ORS W/O LATE DILIP DEY MOTHER OF THE DECEASED RESIDENT OF LANE NO. 1 HOUSE NO. 38 LINK ROAD SILCHAR-6 DIST. CACHAR ASSAM. 6:THE UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD. OF SHYAMAPRASAD ROAD P.O. and P.S. SILCHAR CACHAR ASSAM INSURER OF THE TRUCK NO. HR-38/M/1333 ------------ Advocate for : MR.R GOSWAMI Advocate for : MR.D CHAKRABORTY appearing for BINA DEY and ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.06.2026 [1] Heard Ms. P. Baruah, the learned counsel for the applicant. Also heard Ms. P. Borthakur, the learned counsel for the respondent No. 1/insurance company. [2] This interlocutory application has been filed by the applicant praying for allowing the present applicant, who is the son of the claimant, who has died on 16.12.2023. [3] It is submitted by the learned counsel for the applicant that MACAppeal No. 171/2012 was disposed of by a co-ordinate bench of this court on 16.05.2025, and in pursuant to the directions of this court, the trial court has also deposited the awarded amount before the Registry of this court. As such, under the facts and circumstances of this case, she submits that the present applicant, who is the sole heir of the deceased claimant, may be allowed to withdraw the awarded amount deposited by the insurance company before the Registry of this court. [4] In support of the contentions raised by the learned counsel for the applicant, the death certificate of the deceased claimant and Next of Kin Certificate of the deceased are annexed, along with the instant Page No.# 4/4 interlocutory application. [5] Ms. P. Borthakur, the learned counsel for the insurance company does not raise any objection against the prayer. [6] In view of the submissions made by the learned counsel for the applicant as well as after considering the documents annexed along with this interlocutory application and the averments made herein, the prayer is allowed. [7] The Registry is directed to disburse the awarded amount which has been deposited by the insurance company in connection with MACAppeal No. 171/2012 to the present petitioner, namely, Debashish Dey, who is the son of the deceased claimant, after proper verification. [8] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant