AAMENA BEGUM v. ORIENTAL INSURANCE COMPANY LIMITED
I.A.(Civil)/2296/2026 · 2026-07-19
Mridul Kumar Kalita
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9862 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9862 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010123722026
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2296/2026 AAMENA BEGUM W/O- LATE SAIDUL BASHER ALIAS SAIDUL BASAR, 2: SADIKUL ISLAM S/O- LATE SAIDUL BASHER ALIAS SAIDUL BASAR BOTH ARE RESIDENT OF- VILLAGE- BORGHAT P.O.- KHALIHAMARI P.S.- TEZPUR DISTRICT- SONITPUR ASSAM. PIN-78402 VERSUS ORIENTAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7.
REPRESENTED BY THE REGIONAL MANAGER. Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MS M CHOUDHURY, S K BEGUM In MAC App. Case No. 367/2025 With MAC App. Case No. 367/2025
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Page No.# 2/3 20.07.2026 [1] Heard Mr. S. Sharma, the learned counsel for the applicant. Also heard Ms. M. Choudhury, the
learned counsel for the insurance company. [2] This interlocutory application has been filed by the claimant/applicant praying for allowing the applicant to withdraw the 50% of the awarded amount deposited by the applicant/insurance company in compliance of the order dated 24.10.2025, passed by this court in I.A.(C) No. 2690/2025 in MACApp. 367/2025. [3] The learned counsel for the insurance company submits that since the claimant is a pension holder, the loss of dependency is not to the extent of 100 % and as such, she submits that only Rs.3, 00,000/- (Rupees Three Lakhs)only, may be allowed to be disbursed to the claimant out of the deposited amount, however, the learned counsel for the applicant submits that it would cause financial hardship to the claimant/applicant and further submits that the claimant/applicant is ready to furnish indemnity bond for the amount allowed to be withdrawn by them. [4] After considering the submissions made by the learned counsel for both sides and going through the averments made in the instant interlocutory application, this interlocutory application is allowed.
Page No.# 3/3 [5] The Registry is directed to disburse the 50% of the awarded amount deposited by the appellant/insurance company before it in compliance to the order dated 24.10.2025, passed by this court in I.A. (C) No. 2690/2025, subject to furnishing of an indemnity bond by the claimant No. 1, namely, Aamena Begum to the tune of Rs. 5, 00,000/- (Rupees Five Lakhs) only after proper verification. [6] The Registry shall not reflect the name of Mr. S.K. Goswami in the cause-list as engaged counsel for the appellant henceforth, whereas, the name of Mr. S. Sharma may be reflected as engaged counsel for the claimants/respondents.
JUDGE Comparing Assistant