Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26 June 2026
Case Overview
- Petitioners: SMTI Diprekha Borah and others (w/o Naren Borah) residing in Nagaon, Assam; respondents: Oriental Insurance Co Ltd (central government undertaking) represented by its Guwahati Regional Office manager, and co‑respondents Mrs. Marami Hazarika and Sri Mahendra Gayari.
- The matter stems from MAC Case No. 552/2022, where a judgment and award dated 16 May 2025 was issued in favour of the claimants. The court, while admitting a connected appeal on 19 September 2025, stayed the operation of that judgment subject to the insurer depositing 50 % of the awarded amount within six weeks.
- Interlocutory application No. I.A.(Civil)/2198/2026 filed by the claimants sought release of the 50 % amount already deposited with the court registry.
Observations & Reasoning
- The insurer complied with the earlier direction and deposited the required 50 % before the registry.
- Respondent’s counsel, Ms. R. D. Mozumdar, expressed no objection to the release of the deposited sum.
- The court, after hearing counsel for both sides and reviewing the record, found the prayer justified.
Final Outcome
- The registry is directed to release the 50 % deposited amount to the claimants, preferably by transferring it to their bank account upon receipt of proper bank details.
- The release is expressly made subject to verification of the bank details and remains contingent upon the final outcome of the connected appeal.
Topics: Insurance Claim, Court Order