Gauhati High Court
I.A.(Civil)/3239/2026 of JAHURA KHATUN AND 7 ORS Vs NATIONAL INSURANCE COMPANY LTD on 22 September 2026
GAHC010198642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3239/2026 JAHURA KHATUN AND 7 ORS W/O LATE NUR MAHAMMAD, R/O VILL.- 2 NO. URANG BASTI, P.O.- DEJOO, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN-787031
GAHC010198642026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3239/2026
JAHURA KHATUN AND 7 ORS
W/O LATE NUR MAHAMMAD, R/O VILL.- 2 NO. URANG BASTI, P.O.- DEJOO, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM, PIN-787031
CORRESPONDING ADDRESS C/O MINTU DAS, NAOJAN ROAD, UZANBAZAR, GUWAHATI, KAMRUP (M), ASSAM
2: ISMAIL HUSSAIN
S/O LATE NUR MAHAMMAD
3: ANIMA BEGUM
D/O LATE NUR MAHAMMAD
4: DAUD HUSSAIN
S/O LATE NUR MAHAMMAD
5: NAJIMA BEGUM
D/O LATE NUR MAHAMMAD
6: SALEHA KHATUN
D/O LATE NUR MAHAMMAD
7: KHAIRUL HUSSAIN
S/O LATE NUR MAHAMMAD
8: ACHIMAN NESSA
W/O LATE DOULAT ALI
M/O LATE NUR MAHAMMAD
ALL ARE R/O VILL. 2 NO URANG BASTI
P.O. DEJOO
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
PIN 787031
CORRESPONDING ADDRESS C/O MINTU DAS
NAOJAN ROAD
UZANBAZAR
GUWAHATI
KAMRUP (M)
ASSAM
VERSUS
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
ROAD, GUWAHATI-781005, REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE
Advocate for the Petitioner : MR. S RAHMAN, MR A N IQBAL
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
23.09
. 2026 Heard Mr. A.N. Iqbal, learned counsel appearing for the applicants. Also heard Mr. T. Kalita, learned counsel for respondent/Insurance Company.
2. The instant application has been filed by the claimant/applicants praying for release of the amount of Rs. 5, 30, 293/- (Rupees Five Lakhs Thirty Thousand Two Hundred Ninety Three) which has been deposited in the Registry of this Court by the appellants in MAC Appeal No. 303/2026.
3. The learned counsel for the applicants submits that the claim petition being MAC Case No. 1767/2017 has been filed by the applicants before the MACT No.3, Kamrup, Guwahati seeking compensation for the death of their husband/father/son, who died in the motor vehicle accident. The said MAC case was disposed of vide judgment and award dated 29.08.2023. Against the said judgment and award dated 29.08.2023 the appellant insurance company had preferred the MAC Appeal which was registered as MAC Appeal No. 303/2026.
4. This Court was please to stay the impugned judgment and ward dated 29.08.2023, by the order date 08.06.2026 in I.A. Civil No. 1911/2026 subject to deposit of 20% of the awarded amount before the Registry of this Court.
5. It is stated that pursuant to said order dated 08.06.2026 passed in I.A. (Civil) No. 1911/2026, the appellant insurance company has deposited Rs. 5, 30, 293/- before the Registry of this Court.
6. The applicant submits that they are the widow, children and mother of the deceased who died in a motor vehicle accident in the year 2017 and till now they had not received single penny. The deceased was the sole breadwinner of the family and his death has caused great hardship to the entire family, they are unable to sustain their day to day expenses with no fixed source of income and hence the present application has been filed.
7. This Court has considered the submission of the learned counsel for the applicant and the respondent Insurance Company. And the instant application is allowed. The Registry shall release the deposited amount to the claimant/respondents after proper identification and verification and upon executing indemnity bond for the said amount.
8. The application stands disposed of. JUDGE Comparing Assistant