Gauhati High Court
Page No.# 1/4 vs The New India Assurance Company Limited ... on 29 October, 2025
Page No.# 1/4
GAHC010194142025
2025:GAU-AS:14462
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2882/2025
SMTI MIRA KACHARI
W/O DIPAK KACHARI, VILL.- ROWDUAR POTHAR GAON, P.O.-
NUMALIGARH, P.S.- BOKAKHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785615.
(REP. BY HER HUSBAND DIPAK KACHARI).
VERSUS
THE NEW INDIA ASSURANCE COMPANY LIMITED AND ORS
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI, STARCITY COMPLEX, G. S. ROAD, LACHITNAGAR,
GUWAHATI- 781007 REPRESENTED BY THE MANAGER, GAUHATI
REGIONAL OFFICE, LACHITNAGAR, GUWAHATI- 781007.
2:RAJA KALITA
S/O RAMEN KALITA
VILL.- HALMIRA DHANIRIPAR GAON
P.O. AND P.S.- GOLAGHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785702.
3:SURENDRA KAMP
S/O ANIL KAMP
R/O BOKAKHAT TOWN
P.O. AND P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785612.
Page No.# 2/4
4:THE MANAGER
UNITED INDIA INSURANCE CO. LTD.
GOLAGHAT BRANCH
THANA CHARIALI
DIST.- GOLAGHAT
ASSAM
PIN- 785621
Advocate for the Petitioner : MR. M DUTTA,
Advocate for the Respondent : MS. R D MOZUMDAR,
Linked Case : MACApp./94/2024
NEW INDIA ASSURANCE COMPANY LIMITED
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI
STARCITY COMPLEX
G. S. ROAD
LACHITNAGAR
GUWAHATI- 781007 REPRESENTED BY THE MANAGER
GAUHATI REGIONAL OFFICE
LACHITNAGAR
GUWAHATI- 781007.
VERSUS
MIRA KACHARI AND ORS. B
W/O DIPAK KACHARI
VILL.- ROWDUAR POTHAR GAON
P.O.- NUMALIGARH
P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785615. (REP. BY HER HUSBAND DIPAK KACHARI).
2:RAJA KALITA
S/O RAMEN KALITA
VILL.- HALMIRA DHANIRIPAR GAON
P.O. AND P.S.- GOLAGHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785702.
Page No.# 3/4
3:SURENDRA KAMP
S/O ANIL KAMP
R/O BOKAKHAT TOWN
P.O. AND P.S.- BOKAKHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785612.
4:THE MANAGER
UNITED INDIA INSURANCE CO. LTD.
GOLAGHAT BRANCH
THANA CHARIALI
DIST.- GOLAGHAT
ASSAM
PIN- 785621.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : M. DUTTA (R-1) appearing for MIRA KACHARI AND ORS. B
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 29.10.2025
Heard Mr. M. Dutta, learned counsel appearing on behalf of the
applicant/claimant. Also heard Ms. Rita Das Mozumdar, learned counsel appearing
on behalf of the Insurance Company.
By order, dated 18.06.2025, while staying the operation of the judgment &
award, dated 08.08.2022, passed by the learned Member, Motor Accident Claim
Tribunal, Golaghat, in MAC Case No. 100/2017; this Court has directed the
appellant Insurance Company to deposit 50% of the total awarded amount before
the Registry of this Court.
In compliance of the said directions; the appellant Insurance Company has
deposited 50% of the total awarded amount before the Registry of this Court i.e.
Rs. 3,43,326/- on 02.07.2025.
Page No.# 4/4
By this application, the applicant/claimant has prayed for withdrawal of the
above-noted amount. The above prayer has not been opposed by Ms. Mozumdar,
learned counsel for the Insurance Company.
In view of the above, the Registry is hereby directed to release the amount,
in question, i.e. Rs. 3,43,326/- to the applicant/claimant after proper verification
as well as on furnishing of a bond of like amount.
With the above directions, the interlocutory application accordingly stands
allowed and disposed of.
JUDGE
Comparing Assistant
