Sri Akhil Das vs Oriental Insurance Co Ltd And 2 Ors
2026 Latest Caselaw 315 Gua

Gauhati High Court

Sri Akhil Das vs Oriental Insurance Co Ltd And 2 Ors on 21 January, 2026

                                                                         Page No.# 1/3

GAHC010003792026




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

                                 Case No. : I.A.(Civil)/57/2026

            SRI AKHIL DAS
            SON OF LATE SUDHIR MONORANJAN DAS, RESIDENT OF VILLAGE-
            BISHNUPUR, TETELIA PATHAR, P/O- GANDHINAGAR, P/S- KHETRI, DIST.
            KAMRUP (METRO), ASSAM

            VERSUS

            ORIENTAL INSURANCE CO LTD AND 2 ORS.
            REPRESENTED BY THE CHIEF REGIONAL MANAGER, REGIONAL OFFICE,
            ULUBARI, P.O.- ULUBARI, P.S.- PALTANBAZAR, GUWAHATI -07, DISTRICT-
            KAMRUP (METRO), ASSAM

            2:ARVIND YADAV
             SON OF SAYUG YADAV
             RESIDENT OF VILLAGE JAWAHAR NAGAR
             NH-37
             BEHIND KAMRUP KANTA
             P/O. BELTOLA
             P/S. BASISTHA
             KAMRUP METRO
            ASSAM-781028

            3:NIKLAS KHAISOHNOH
             SON OF M. SANA
             RESIDENT OF NONGKHRAI BPO NARTIANG
            THADLASKEIN
             DIST. WEST JAINTIA HILLS
             P/O. JOWAI
             MEGHALAYA-79315

Advocate for the Petitioner   : MR. R GOSWAMI,

Advocate for the Respondent : MS. R D MOZUMDAR,
                                                                 Page No.# 2/3


Linked Case : MACApp./399/2025

ORIENTAL INSURANCE COMPANY LIMITED
(A CENTRAL GOVT UNDERTAKING ) HAVING ITS REGIONAL OFFICE AT
GUWAHATI
 GS ROAD
 ULUBARI
 GUWAHATI
 REPRESENTED BY THE DEPUTY MANAGER
 GAUHATI REGIONAL OFFICE
 ULUBARI, GUWAHATI-781007

VERSUS

AKHIL DASAND 2 ORS.
SON OF LATE SUDHIR MONORANJAN DAS
RESIDENT OF VILLAGE BISHNUPUR
TETELIA PATHAR
P/O. GANDHINAGAR
P/S. KHETRI
DIST. KAMRUP METRO
ASSAM
REPRESENTED BY HIS WIFE SHIBANI DAS

2:ARVIND YADAV
SON OF SAYUG YADAV
 RESIDENT OF VILLAGE JAWAHAR NAGAR
 NH-37
 BEHIND KAMRUP KANTA
 P/O. BELTOLA
 P/S. BASISTHA
 KAMRUP METRO
ASSAM-781028

3:NIKLAS KHAISOHNOH
SON OF M. SANA
RESIDENT OF NONGKHRAI BPO NARTIANG
THADLASKEIN
DIST. WEST JAINTIA HILLS
P/O. JOWAI
MEGHALAYA-793150
------------
Advocate for : MR. S P SHARMA
Advocate for : FOR CAVEATOR appearing for AKHIL DASAND 2 ORS.
                                                                         Page No.# 3/3

                                     BEFORE
                      HON'BLE MRS. JUSTICE MITALI THAKURIA
                                     ORDER

Date : 21.01.2026.

Heard Mr. R. Goswami, learned counsel for the applicant/respondent. Also heard Ms. R.D. Mozumdar, learned counsel for the opposite party/appellant Insurance Company.

This is an application filed by the applicant for withdrawal of 50% of the awarded amount which has already been deposited by the appellant Insurance Company, in pursuant to the order dated 29.08.2025, passed in IA (Civil) No.2829/2025.

However, Ms. R.D. Mozumdar, learned counsel for the opposite party/appellant Insurance Company submitted that she needs some time to file her written objection to the present interlocutory application, as the appeal has been filed being aggrieved by the judgment and award passed by the learned Member, MACT No.3, Kamrup (M) at Guwahati, wherein the order of recovery was passed, as the driver of the offending vehicle had no valid driving licence.

In that context, Mr. Goswami, learned counsel for the applicant/claimant has submitted that it is the fundamental right of the claimant to withdraw the deposited amount by the insurance company, as the claiming is severely suffering from the injuries sustained due to the accident.

Considering the submissions of learned counsel for both sides, list the matter on 10.02.2026.

JUDGE

Comparing Assistant