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Gauhati High Court
Page No.# 1/6 vs M/S New India Assuranceco. Ltd And 2 Ors on 10 March, 2026
Page No.# 1/6
GAHC010002432026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/56/2026
MD MOZIBUR RAHMAN AND 3 ORS.
S/O LATE HASSAN ALI, R/O VILL. LEACHARIBORI, P.O. and P.S. MAYONG,
DIST. MORIGAON, ASSAM-782411
2: MRS. SAKINA KHATUN
W/O MOZIBUR RAHMAN
R/O VILL.LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
3: MD. ANSAR ALI
S/O MOZIBUR RAHMAN
R/O VILL. LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
4: MISS JASMA NASRIN @ JASIMA NASRIN
D/O MOZIBUR RAHMAN
R/O VILL. LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-78241
VERSUS
M/S NEW INDIA ASSURANCECO. LTD AND 2 ORS.
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING, 87,
MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
AT G.S. ROAD, GUWAHATI, ASSAM.
Page No.# 2/6
2:RAJU DAS
S/O SRI KRISHNA DHANGSHE
R/O VILL. HAJONGBORI
P.S. CHANDRAPUR
DIST. KAMRUP
GUWAHATI 781150
3:MD. HASEN ALI
S/O LATE TONI BEPARI
R/O VILL. BURABURI
P.S. MAYONG
DIST. MORIGAON
ASSAM-78241
Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR
Advocate for the Respondent : MR. K K BHATTA, MS.L SHARMA
Linked Case : MACApp./309/2016
M/S NEW INDIA ASSURANCECO. LTD
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87
MAHATMA GANDHI ROAD
MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
GUWAHATI
ASSAM.
VERSUS
MD MOZIBUR RAHMAN and 5 ORS
S/O LATE HASSAN ALI
R/O VILL. LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
2:MRS. SAKINA KHATUN
W/O MOZIBUR RAHMAN
R/O VILL.LEACHARIBORI
Page No.# 3/6
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
3:MD. ANSAR ALI
S/O MOZIBUR RAHMAN
R/O VILL. LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
4:MISS JASMA NASRIN
D/O MOZIBUR RAHMAN
R/O VILL. LEACHARIBORI
P.O. and P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
5:RAJU DAS
S/O SRI KRISHNA DHANGSHE
R/O VILL. HAJONGBORI
P.S. CHANDRAPUR
DIST. KAMRUP
GUWAHATI 781150
6:MD. HASEN ALI
S/O LATE TONI BEPARI
R/O VILL. BURABURI
P.S. MAYONG
DIST. MORIGAON
ASSAM-782411
------------
Advocate for : MR.J JOHN
Advocate for : MR. M TALUKDAR appearing for MD MOZIBUR RAHMAN and 5
ORS
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 10.03.2026
1. Heard Mr. S. K. Poddar, the learned counsel for the
Page No.# 4/6
applicants/claimant. Also heard Mr. K. K. Bhatta, the learned counsel
for the Insurance Company-respondent.
2. This Interlocutory application has been filed by the
applicants/claimants praying for directing the Registry to disburse the
50% of the awarded amount which has been deposited by the
Insurance Company in pursuant to the order dated 04.01.2017 passed
in the Interlocutory Application No. 1799/2016 by this Court.
3. The learned counsel for the applicant has submitted that the
applicants/claimants were awarded compensation amount of Rs.
9,00,000/- along with an interest at the rate of 8% per annum for
death of their son/brother in a vehicular accident by the judgment and
award dated 20.04.2016 passed by the Motor Accident Claims Tribunal,
Morigaon.
4. He submits that the execution of the aforesaid judgment and
award was stayed by this Court by its order dated 04.01.2017 passed
in the Interlocutory Application No. 1799/2016 subject to deposit of
50% of the awarded amount by the Insurance Company and
accordingly, the Insurance Company has deposited the same before
the Registry of this Court on 31.01.2017.
5. The learned counsel for the applicants submits that since the
applicants/claimants were the beneficiary of the award which has been
impugned in the connected appeal and since because of the filing of
the appeal they have been deprived of the benefit of their award for
last 10 years, they may be allowed to withdraw the 50% of the
awarded amount deposited by the Insurance Company.
Page No.# 5/6
6. The learned counsel for the applicants further submits that the
applicants are ready to furnish an indemnity bond to that effect also.
7. On the other hand, Mr. K. K. Bhatta, the learned counsel for the
Insurance Company has vehemently opposed the prayer made by the
applicants.
8. He submits that there is every possibility that the appeal preferred
by the Insurance Company may be allowed and in such a case if the
50% of amount is disbursed to the claimant, it could be difficult to
realize the same in the event of a favorable order passed in the
appeal.
9. He further submits that the G.D. Entry No. 91, 92 and 96 dated
06.12.2010 of the Mayong Police Station which was never produced by
the claimant before the Motor Accident Claims Tribunal clearly shows
that the accident had occurred solely due to the negligence and fault
of the deceased himself.
10. I have considered the submissions made by the learned counsel for
both sides.
11. The plea taken by the Insurance Company is required to be
examined in the connected appeal.
12. However, this appeal is pending for the last 10 years and for such a
long period the claimant may not be deprived of the benefit, which
was granted to them by the Motor Accident Claims Tribunal.
13. More so, when they are ready to submit an indemnity bond for
depositing the amount, which will be given to them in the event of the
appeal going against them.
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14. Under such circumstances, this Interlocutory Application is allowed.
15. The Registry of this Court is directed to disburse the 50% of the
awarded amount deposited by the Insurance Company to the
claimants after proper verification subject to furnishing of an indemnity
bond of Rs. 4,50,000/- wherein an undertaking shall be given by the
claimants that in event the connected MAC Appeal No. 309/2016 going
against them, they shall deposit back the said amount to the Court.
16. With the above observation, this Interlocutory Application is
disposed of.
JUDGE
Comparing Assistant
