Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh), Kohima Bench
Order Date: 03.08.2026
Case Overview
- Parties: SMTI Niru Devi and four other sisters (claimants) vs. The Divisional Manager, Oriental Insurance Co. Ltd., Dimapur, Nagaland.
- Nature: Interlocutory application filed by claimants seeking permission to withdraw 50% of the awarded amount already deposited by the insurer in connection with MAC Appeal No. 9/2022.
- Background: MAC Appeal No. 9/2022 was partially allowed and disposed on 31.01.2025. Prior to disposal, the insurer had deposited 50% of the award with the Court Registry as per the order dated 08.08.2023 in I.A.(C) No. 200/2022.
- Claimants argued that the deposited amount should now be disbursed to them, while the remaining dues could be deposited later before the Motor Accident Claims Tribunal.
Court Observations & Directions
- The Court waived the requirement of notice to the opposite party.
- The interlocutory application was allowed.
- The Court directed the Registry to disburse the deposited amount of Rs.18,49,400/- to the present claimants/applicants after proper verification.
- The Court instructed that the remaining outstanding dues of the awarded amount be deposited by Oriental Insurance Co. Ltd. before the concerned Motor Accident Claims Tribunal.
Final Outcome
- The application is allowed; Rs.18,49,400/- is to be released to the five claimants, and the insurer must deposit the balance dues with the Motor Accident Claims Tribunal.
Topics: Insurance, Court Order