Sri Samudra Phukan vs United India Insurance Co. Ltd
2025 Latest Caselaw 5689 Gua

Gauhati High Court

Sri Samudra Phukan vs United India Insurance Co. Ltd on 24 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                                Page No.# 1/2

GAHC010098722025




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

                              Case No. : I.A.(Civil)/1680/2025

         SRI SAMUDRA PHUKAN
         S/O SRI JITEN PHUKAN, R/O RONGAJAN, KOHORA, P.O. KAZIRANGA
         NATIONAL PARK, P.S. BOKAKHAT, DIST. GOLAGHAT, ASSAM,PIN 785609



         VERSUS

         UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 800014
         AND REGIONAL OFFICE AT GUWAHATI-5, REPRESENTED BY THE
         REGIONAL MANAGER

         2:MUKUL CH BORDOLOI
          S/O LT. MANIK CH. BORDOLOI
          R/O NUMALIGARH TINIALI
          P.S. BOKAKHAT
          P.O. NUMALIGARH
          DIST. GOLAGHAT
         ASSAM
          PIN 785615 OWNER AND DRIVER OF THE VEHICLE NO. AS-03/E-4978
         SANTRO CA

                   For the Applicant(s)      : Ms. P. Baruah, Advocate

                   For the Respondent(s)     : Ms. M. Choudhury, Advocate
                                                                        Page No.# 2/2

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 24.06.2025

The present application has been filed seeking permission for withdrawal of the amount which have been deposited before the Registry of this Court pursuant to the order passed by this Court on 20.11.2019 in I.A.(Civil) No.3335/2019.

2. Ms. M. Choudhury, the learned counsel appearing on behalf of the respondent has strongly opposed the application on the ground that the learned Tribunal had passed the judgment and award only on the basis of the Accident Information Report in Form-54. She therefore submitted that without the FIR or even the charge sheet, the question of there being an accident cannot be decided and therefore when the Issue No.1 have been wrongly decided, any amount if so released, the appellant herein would not be able to recover.

3. Ms. P. Baruah, the learned counsel for the applicant who is the claimant submits that she would bring on record the FIR as well as the charge sheet by way of filing an additional affidavit.

4. List this matter again on 18.07.2025.

5. In the meantime, the said additional affidavit be filed.

JUDGE

Comparing Assistant