Page No.# 1/3 vs National Insurance Company Limited
2025 Latest Caselaw 6888 Gua

Gauhati High Court

Page No.# 1/3 vs National Insurance Company Limited on 1 September, 2025

                                                                          Page No.# 1/3

GAHC010191012025




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

                                Case No. : I.A.(Civil)/2849/2025

            SABITRI KALITA
            W/O. LT. TANKESWAR KALITA, R/O. VILL. LACHIPATHAR, P/O. MOITRI
            ASHRAM,P/S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN-
            787051.



            VERSUS

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITSREGISTERED OFFICE AND HEAD OFFICE OFFICE AT 3,
            MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT
            BHANGAGHAR, G.S. ROAD, GUWAHATI-781005, REP. BY THE CHIEF
            REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE

            2:KUSHA KALITA
             LECHAIGAON
             PANIGAON
             LAKHIMPUR
            ASSAM
             787052

            2:KUSHA KALITA
             S/O. SMT. BASANTI KALITA
             R/O. VILL. LECHAIGAON
             P/O. NARAGAON
             P/S. PANIGAON
             DIST. LAKHIMPUR
            ASSAM
             PIN-78705

Advocate for the Petitioner   : MR J KALITA,

Advocate for the Respondent : MR. T KALITA,
                                                                          Page No.# 2/3




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                        ORDER

01.09.2025 Heard Mr. J. Kalita, learned counsel for the applicant. Also heard Mr. T. Kalita, learned counsel or the respondent.

By order dated 09.06.2025, this Court, while staying the operation of the impugned judgment and order dated 04.11.2024 passed by the learned Member, MACT, Dhemaji, in MAC Case No. 16/2020, directed the respondent/Insurance Company to deposit 50% of the total awarded amount.

In compliance with the said direction, the Insurance Company has deposited 50% of the total awarded amount. By this application, the applicant/claimant prays for release of the said 50% amount deposited before the Registry.

Mr. Kalita, learned counsel for the respondent/Insurance Company, has submitted that the offending vehicle was covered under a private car liability policy only, and therefore the maximum amount payable to the claimant is Rs. 2 lakhs.

In view of the above, the applicant would be entitled to an amount of Rs. 2 lakhs with interest.

Accordingly, the Registry is directed to release an amount of Rs. 3 lakhs to the applicant, inclusive of interest, upon proper verification of the claimant's bank details, Aadhaar Card, PAN Card, etc. Page No.# 3/3

In terms of above, this application stands disposed of.

JUDGE

Comparing Assistant