Gauhati High Court
I.A.(Civil)/2008/2026 of MRS ANITA PEGU Vs NEW INDIA ASSURANCE COMPANY LTD on 4 October 2026
GAHC010117152026 2026:GAU-AS:14781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2008/2026 MRS ANITA PEGU W/O LATE DHANUJ PEGU 2: MRS CHENIDOI PEGU M/O LATE DHANUJ PEGU 3: SRI SAURAV PEGU S/O LATE DHANUJ PEGU 4: MISS PRIYANGKA PEGU
GAHC010117152026
2026:GAU-AS:14781
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2008/2026
MRS ANITA PEGU
W/O LATE DHANUJ PEGU
2: MRS CHENIDOI PEGU
M/O LATE DHANUJ PEGU
3: SRI SAURAV PEGU
S/O LATE DHANUJ PEGU
4: MISS PRIYANGKA PEGU
D/O LATE DHANUJ PEGU
5: SRI GAURAV PEGU
S/O LATE DHANUJ PEGU ALL ARE RESIDENT OF VILLAGE- JIADHAL
BORMATHAURI
P.O.-JIADHAL
P.S.- DHEMAJI
DIST-DHEMAJI
ASSAM
PIN787057
5 RESPONDENT NOS. BEING MINORS ARE REPRESENTED BY THEIR
GUARDIAN MOTHER I.E. RESPONDENT NO.
VERSUS
NEW INDIA ASSURANCE COMPANY LTD
. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR, G.S. ROAD, GUWAHATI-781007
2:SRI RAJ KUMAR KATYAL
S/O- LATE CHAND PRAKASH KATYAL
R/O - SAPNA BHABAN COMPLEX
NEAR KALAPAHAR
GUWAHATI
ASSAM
P.S. - KALAPAHAR
DISTKAMRUPM
ASSAM
PIN - 781016 OWNER OF VEHICLE
3:MD JUMAR ALI
S/O - MD. ABBAS ALI
R/O- VILLAGE- SILAPATHAR
P.O. P.S. - SILAPATHAR
DIST- DHEMAJI
ASSAM
PIN -787059 DRIVE
Advocate for the Petitioner : MR D MAHANTA, Advocate for the Respondent : MR. R GOSWAMI, BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
Date : 05-10-2026 Learned counsel Mr. T. Gogoi is present on behalf of learned counsel Mr. D. Mahanta, representing the applicants/appellants.
2. This application is filed for withdrawal of 50% of the awarded amount of Rs.8,56,043/- (Rupees Eight Lacs Fifty Six Thousand and Forty Three) passed by the learned Member, MACT, Lakhimpur in connection with MAC (Death) Case No. 09/2017 vide Judgment and Award dated 22.12.2023.
3. Learned counsel Ms. M. Saikia is present on behalf of the Insurer and has submitted that withdrawal may be allowed, subject to furnishing of an indemnity bond.
4. I have considered the submissions at the bar.
5. The applicants are allowed to withdraw 50% of Rs.8,56,043/- (Rupees Eight Lacs Fifty Six Thousand and Forty Three), subject to the condition that the applicants will furnish an indemnity bond and also on being identified by the Registry.
6. In terms of the above observation, this interlocutory application stands disposed of.
JUDGE Comparing Assistant