Gauhati High Court
Page No.# 1/5 vs New India Assurance Co Ltd And Ors on 28 May, 2025
Page No.# 1/5
GAHC010100052025
2025:GAU-AS:6864
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1519/2025
SMT JUPITARA SARMAH AND 2 ORS
AGED ABOUT 28 YEARS, W/O LATE MANASH JYOTI SARMAH, R/O -
VILLAGE - AWARIAGAON, THENGAL MOUZA,P.O - JALUKONIBARI, P.S
TITABAR, DISTRICT- JORHAT, ASSAM, PIN- 785106.
2: SRI DARSHEEL SARMAH
AGED ABOUT 6 YEARS S/O LATE MANASH JOYTI SARMAH
R/O-VILLAGE- AWARIAGAON
THENGAL MOUZA
P.O- JALUKONIBARI
P.S- TITABAR
DISTRICT- JORHAT
ASSAM
PIN- 785106.
3: SMTI RUMI DEVI
W/O SRI AJIT SARMAH
R/O- VILLAGE- AWARIAGAON
THENGALMOUZA
P.O- JALUKONIBARI
P.S- TITABAR
DISTRICT- JORHAT
ASSAM
PIN- 785106
VERSUS
NEW INDIA ASSURANCE CO LTD AND ORS
HAVING ITS REGISTERED OFFICE AT 87, M.G ROAD, FORT, MUMBAI-
400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE AT LACHIT
NAGAR, G.S ROAD, GUWAHATI, ASSAM- 781007 AND ONE OF ITS BRANCH
OFFICE AT JORHAT.
2:SHRI ABHINAY BAISHYA
Page No.# 2/5
S/O- JITENDRA CHANDRA BIASHYA
RESIDENT OF HOUSE NO. 117
RAJIB NAGAR
DURGA MANDIR
NEAR 10TH APBN
P.S KAHILIPARA
DISTRICT- KAMRUP (M)
ASSAM.
3:SRI KRISHNA URANG
S/O JITU URANG
R/O BAGORI
P.O JOKHALABANDHA
DISTRICT- NAGAON
ASSAM
Advocate for the Petitioner : MR B D DAS, MR J LOTHA,MR. H R DAS,MR H K SARMA
Advocate for the Respondent : MR. R K BHATRA,
Linked Case : MACApp./394/2024
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 87
M.G. ROAD
FORT
MUMBAI- 400001 AND ONE OF THE NORTH EASTERN REGIONAL OFFICE
AT LACHIT NAGAR
G.S. ROAD
GUWAHATI
ASSAM- 781007 AND ONE OF ITS BRANCH OFFICE AT JORHAT.
VERSUS
JUPITARA SARMAH AND 4 ORS.
W/O LATE MANASH JYOTI SARMAH
VILL.- AWARIA GAON
THENGAL MOUZA
P.O.- JALUKONIBARI
P.S.- TITABAR
DIST.- JORHAT
Page No.# 3/5
ASSAM
PIN-
2:DARSHEEL SARMAH
S/O LATE MANASH JYOTI SARMAH
VILL.- AWARIA GAON
THENGAL MOUZA
P.O.- JALUKONIBARI
P.S.- TITABAR
DIST.- JORHAT
ASSAM
PIN-
3:RUMI DEVI
W/O AJIT SARMAH
VILL.- AWARIA GAON
THENGAL MOUZA
P.O.- JALUKONIBARI
P.S.- TITABAR
DIST.- JORHAT
ASSAM
PIN-
4:ABHINAY BAISHYA
S/O JITENDRA CHANDRA BAISHYA
R/O HOUSE NO. 117
RAJIB NAGAR
DURGA MANDIR
NEAR 10 TH APBN
P.S.- KAHILIPARA
DIST.- KAMRUP (M)
ASSAM
PIN-
5:KRISHNA URANG
S/O JITU URANG
R/O BAGORI
P.O.- JOKHALABANDHA
DIST.- NAGAON
ASSAM
PIN-
------------
Advocate for : MR. R K BHATRA
Advocate for : MR B D DAS (R1) appearing for JUPITARA SARMAH AND 4 ORS.
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 28.05.2025
1. Heard Mr. B. D. Das, learned senior counsel assisted by Mr. H. R. Das, the
learned counsel for the applicant. Also heard Ms. A. Biyani, the learned counsel
appearing on behalf of the respondent.
2. By an order dated 16.08.2024, passed in I.A.(Civil).No.2424/2024, this Court
directed the respondent/appellant to deposit 50% of the total awarded amount
before the Registry of this Court.
3. In compliance to the said order, the respondent/appellant has deposited
amount of Rs.21,50,800/- being 50% of the total awarded amount of
Rs.43,01,600/-.
4. By filing this application, the claimant is seeking release of the said 50% of
the total awarded amount deposited by the Respondent Insurance Company. The
opposite party/insurance company has filed an objection contending that the
impugned award of the Motor Accident Claim Tribunal is erroneous, and that
2(two) vehicles were involved in the accident. Ms. Biyani, learned counsel further
argued that the insurance company alone cannot be held liable and that the
release of the amount will fasten liability on them unfairly at this stage.
5. Having heard the learned counsel for both the parties and on perusal of the
material on record, this Court is of the view that the stay order, passed by this
Court was conditional upon deposit of 50% of the awarded amount.
6. It is well settled that an award passed by the Tribunal even if under
challenge, attains a degree of presumptive validity until set aside or modified by
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a superior forum. The purpose of directing deposit and conditional release is to
balance equities between the claimant who may be in dire need of funds and the
opposite party, whose liability is yet to be finally adjudicated.
7. In the present case, the release of 50% of the deposited amount would not
amount to final adjudication of liability. It is subject to adjustment depending on
the final outcome of the appeal.
8. In the interest of justice and to mitigate the financial hardship of the
claimant, this Court finds it appropriate to allow the release of 50% of the total
awarded amount deposited by the insurance company. However the claimant
shall furnish an undertaking to refund the amount in the event, the award is set
aside, along with the undertaking of indemnity bond.
9. In view of the above, the claimant is permitted to withdraw 50% of the total
awarded amount deposited before the Registry of this Court, subject to
furnishing of an undertaking an indemnity bond as stated above. Amount shall
be released in terms of the judgment and award dated 18.04.2024 passed by the
learned Tribunal.
10. With the above, this I.A. stands disposed of.
JUDGE
Comparing Assistant
