Page No.# 1/3 vs New India Assurance Co Ltd
2025 Latest Caselaw 3779 Gua

Gauhati High Court

Page No.# 1/3 vs New India Assurance Co Ltd on 5 March, 2025

                                                                 Page No.# 1/3

GAHC010015442025




                                                           2025:GAU-AS:2349

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

                         Case No. : I.A.(Civil)/337/2025

         SMT RINA DAS
         W/O-SRI GOPAL DAS, R/O-NAVARANG BYE LANE NO2, SASANPARA, EAST
         CHOWKIDINGEE, P. O, AND P. S. AND DISTRICT-DIBRUGARH, ASSAM



         VERSUS

         NEW INDIA ASSURANCE CO LTD
         ITS REGISTER OFFICE AT MG ROAD, FORT, MUMBAI AND ONE OF THE
         REGIONAL OFFICES KNOWN AS NORTH EAST REGIONAL OFFICE AT
         LACHIT NAGAR, ULUBARI, GUWAHATI-07 ASSAM

         2:SRI BASANT SINGH
          S/O SRI BUTA SINGH

         RESIDENT OF SANT NAGAR VILLAGE
         JIWAN NAGAR
         PO SANT NAGAR
         DIST SIRSA
         TEHSIL RANIA
         HARYANA
         125075

         3:SRI RAM LAGAN JHA
          S/O BHAJEBHAN JHA
         RESIDENT OFCHANDANPATTI VILLAGE (SANGAPATTI VILLAGE) PO
         SAKRA
          DIST MUZAFFARPUR
          BIHAR
          843105

         4:SRI BITTU DAS
          S/O SRI GOPAL DAS
                                                                        Page No.# 2/3

            RESIDENT OF NAVARANG BYE LANE NO. 2
            SASANPARA
            EAST CHOWKIDINGEE
            PO
            PS AND DIST DIBRUGARH
            ASSAM
            786003

            5:THE BRANCH MANAGER
             NATIONAL INSURANCE CO. LTD. KHEMKA MARKET
             DIBRUGARH
            ASSAM 78600

Advocate for the Petitioner   : MR MAYANK SAHEWALLA, MR M SAHEWALLA,MS T J
SAHEWALLA

Advocate for the Respondent : MR. R K BHATRA,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                        ORDER

Date : 05.03.2025

Ms. G.Duggar, learned counsel for the applicant has filed this application under Order 41 Rule 27 read with Section 151 of the CPC, for necessary order.

It is submitted on behalf of the applicant that vide order dated 27.05.2022 passed by this Court in I.A. (Civil)/1510/2022, the applicant was directed to deposit 50% of the awarded amount of the impugned Judgment and Award in connection with MAC Case No.36/2017 and order dated 28.10.2021 was stayed.

It is also submitted that the applicant was allowed to withdraw the amount after filing an application.

Ms. A.Biyani, learned counsel for the opposite party has raised objection stating that they have every objection in withdrawal of the said amount as the owner is liable to pay the awarded amount and not the insurer.

Page No.# 3/3

Ms. U.Roy, learned counsel appears for the respondent No.5.

I have considered the submission of the parties.

As order has already been passed to allow the applicant to withdraw the amount by this Court in connection with I.A. (Civil)/1510/2022, the applicant is hereby allowed to withdraw 50% of the awarded amount of Rs.10,95,000/-.

The interlocutory application stands disposed.

JUDGE

Comparing Assistant