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2098 DAILYLAW 1 (GAU)

GITA SHARMA v. M/S LIBERTY GENERAL INSURANCE CO LTD

I.A.(Civil)/2098/2026 · 2026-06-24

Kaushik Goswami

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010287062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2098/2026 GITA SHARMA W/O LATE RAKESH KUMAR SHARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 2: AAROHI SHARMA D/O LATE RAKESH KUMAR SHARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 3: AAROSHI SHARMA D/O LATE RAKESH KUMAR SHARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 4: AAYANSH SHARMA S/O LATE RAKESH KUMAR SHARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 5: SMTI MINA DEVI Page No.# 2/4 D/O KALU SARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 VERSUS M/S LIBERTY GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR TOWER A PENINSULA BUSINESS PARK GANPATRAO KADAM PARK LOWER PAREL DELISLE ROAD MUMBAI MAHARASTRA-400013 AND BRANCH OFFICE AT 15T FLOOR GANPATI ENCLAVE BORA SERVICE G.S.ROAD ULUBARI GUWAHATI-781007 ASSAM 2:MD ANOWARA HUSSAIN S/O ABDUL HUSSAIN R/O VILLAGE BAKRIKUCHI PS MUKALMUA NALBARI DISTRICT ASSAM 781126 ------------ Advocate for : MR J KALITA Advocate for : MR. R GOSWAMI appearing for M/S LIBERTY GENERAL INSURANCE CO LTD BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 25.06.2026 Heard Mr. J. Kalita, learned counsel appearing for the claimant/applicant. Also heard Mr. P. Borthakur, learned counsel appearing for the respondent/appellant. Page No.# 3/4 2. By way of this interlocutory application, the applicant/claimant has prayed for release of 50% of the awarded amount deposited before the Registry of this Court. 3. The present interlocutory application is preferred seeking a direction for allowing the claimant/applicant to withdraw 50 % of the awarded amount deposited in the Registry of this Court in pursuance of the order dated 11.02.2026, passed in I.A.(Civil) No. 371/2026. 4. It appears that this Court, while considering I.A.(Civil) No. 371/2026 filed for stay of the impugned judgment and award dated 23.09.2025 in MAC Case No. 43/2022(death), passed by the learned Motor Accident Claims Tribunal, Nalbari, was pleased to stay the operation of the impugned judgment and award, subject to the condition that the appellant- insurance company deposit 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from the date of the said order. 5. Pursuant to the aforesaid order, 50% of the awarded amount has been deposited by the appellant-insurance company before the Registry of this Court. 6. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court is of the considered view that the prayer made in the present interlocutory application deserves to be allowed. 7. Accordingly, the Registry of this Court is directed to release 50% of the awarded amount deposited pursuant to the order dated 11.02.2026 in favour of the claimant/applicant, upon proper verification and identification, preferably by transferring the same to the bank account of the claimant/applicant, subject to furnishing of the requisite bank details before the Registry. Page No.# 4/4 8. It is, however, made clear that such release shall remain subject to the outcome of the connected appeal. 9. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant