Page No.# 1/3 vs The National Insurance Company Ltd And 2 ...
2025 Latest Caselaw 9706 Gua

Gauhati High Court

Page No.# 1/3 vs The National Insurance Company Ltd And 2 ... on 18 December, 2025

                                                                   Page No.# 1/3

GAHC010257072025




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/3754/2025

         SMTI SIJU KALITA 3 ORS
         W/O LATE GIRISH KALITA

         2: SRI TRISHNAMANI KALITA
          D/O LATE GIRISH KALITA

         3: SRI NIKHIL KALITA
          S/O LATE GIRISH KALITA

         4: SRI JYOTIRMOY KALITA
          S/O LATE GIRISH KALITA ALL ARE RESIDENT OF VILLAGE- UDIANA
          P.S. RANGIA
          DISTRICT- KARNRUP
         ASSA

         VERSUS

         THE NATIONAL INSURANCE COMPANY LTD AND 2 ORS
         HAVING ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
         GUWAHATI-5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL
         OFFICE, GUWAHATI.

         2:SRI HEMANTA KUMAR
          S/O K.K. KUMAR
         R/O VILLAGE- DOBOK
          P.S. RANGIA
         DISTRICT- KAMRUPR
         ASSAM
          OWNER OF THE VEHICLE NO.ML-09-5290 TATA INDICA

         3:SRI KHITISH BARUAH
          S/O SRI NARAYAN BARUAH
         R/O VILLAGE SAMAGURI BILPAR
         P.S. SAMAGURI
                                                                       Page No.# 2/3

            DISTRICT- NAGAON
            ASSAM
            DRIVER OF THE VEHICLE NO.ML-09-5290 TATA INDIC

Advocate for the Petitioner   : MR B PRASAD, MR P J BORAH

Advocate for the Respondent : MR. N M DUTTA,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 18.12.2025

Heard Mr. B. Prasad, learned counsel for the applicants. Also heard Mr. N.M. Dutta, learned counsel for the opposite party No. 1.

2. This interlocutory application is preferred by the applicants for issuing direction to the opposite party No. 1 to comply with the judgment and order dated 20.08.2025, passed by this Court in MACApp. No. 208/2022.

3. Mr. Prasad, learned counsel for the applicants submits that after the judgment and order being passed by this Court, the opposite party No. 1 had paid a sum of Rs. 14,74,914/-, but as per the calculation of the applicants, the amount ought to have been Rs. 17,20,252/-, and that the applicants are entitled to a sum of Rs. 3,14,524/- more than the amount paid to the applicants as on 26.09.2025.

4. Mr. Dutta, learned counsel for the opposite party No. 1, submits that he may be granted some time to obtain instruction.

5. Prayer is allowed.

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6. List the matter immediately after reopening of the ensuing winter vacation.

JUDGE

Comparing Assistant