Gauhati High Court
I.A.(Civil)/3315/2026 of SMT KANIKA ROY Vs NATIONAL INSURANCE COMPANY LIMITED on 22 September 2026
GAHC010202062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3315/2026 SMT KANIKA ROY WO SRI SUSHANTA ROY, RO AASHRAYA, S DOHATIA ROAD, NEAR DEYS NURSHING CLINIC, PO AND PS TINSUKIA, DIST TINSUKIA, ASSAM VERSUS NATIONAL
GAHC010202062026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3315/2026
SMT KANIKA ROY
WO SRI SUSHANTA ROY, RO AASHRAYA, S DOHATIA ROAD, NEAR DEYS
NURSHING CLINIC, PO AND PS TINSUKIA, DIST TINSUKIA, ASSAM
VERSUS
NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA 700071, REPRESENTED BY THE MANAGER, GUWAHATI REGIONAL OFFICE, BHANGAGARH, GHY 781005
Advocate for the Petitioner : MR S CHAKRABORTY, Advocate for the Respondent : MS. R D MOZUMDAR,
Linked Case : I.A.(Civil)/3718/2019
THE NATIONAL INSURANCE COMPANY LIMITED
REPRESENTED BY THE MANAGER
THE NATIONAL INSURANCE COMPANY LIMITED
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI-781005
VERSUS
SMTI. KANIKA ROY AND 4 ORS
NEAR DEY'S NURSING CLINIC
P.O.
P.S. AND DISTRICT- TINSUKIA
ASSAM
P.S. SADAR
P.O. LALBAGH
DISTRICT DARBHANGA
BIHAR
PIN 846004.
3:SRI SUMIT KUMAR CHOUDHURY
Page 1 of 6
P.O. LALBAGH
DISTRICT- DARBHANGA
BIHAR
PIN 846004.
4:MRS. PRATIMA SINGH
W/O LATE DHARMENDRA KR. SINGH
R/O BIMLA BHAWAN
OPPOSITE RUPAK CINEMA
BAKERGANJ
PATNA
P.O. BANKIPORE
DISTRICT PATNA
BIHAR
PIN 800004
5:ORIENTAL INSURANCE CO. LTD
CITY BRANCH OFFICE NO. VI
M.G. ARCADE
IIIRD FLOOR
OPP. KULHARIA COMPLEX
P.O. BANKIPORE
PATNA
BIHAR. PIN 800001.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MS. R D MOZUMDAR appearing for SMTI. KANIKA ROY AND 4
ORS
Linked Case : CO/18/2023
KANIKA ROY
NEAR DEYS NURSING CLINIC
P.O.
P.S. AND DISTRICT- TINSUKIA
ASSAM
PIN 786125.
VERSUS
NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS.
REP. BY THE MANAGER
GUWAHATI REGIONAL MANAGER
BHANGAGARH
GUWAHATI- 781005.
P.S.- SADAR
P.O.- LALBAGH
DISTRICT- DARBHANGA
BIHAR
PIN- 846004.
3:SUMIT KUMAR CHOUDHURY
P.O.- LALBAGH
DISTRICT- DARBHANGA
BIHAR
PIN- 846004.
------------
Advocate for : MR U DAS
Advocate for : MS R D MAZUMDAR (r-1) appearing for NATIONAL INSURANCE
COMPANY LIMITED AND 2 ORS.
Page No.# 4/8
Linked Case : MACApp./468/2022
THE NATIONAL INSURANCE COMPANY LIMITED
REPRESENTED BY THE MANAGER
THE NATIONAL INSURANCE COMPANY LIMITED
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI-781005
VERSUS
SMTI. KANIKA ROY AND 4 ORS
NEAR DEY'S NURSING CLINIC
P.O.
P.S. AND DISTRICT- TINSUKIA
ASSAM
P.S. SADAR
P.O. LALBAGH
DISTRICT DARBHANGA
BIHAR
PIN 846004.
3:SRI SUMIT KUMAR CHOUDHURY
Page 2 of 6
P.O. LALBAGH
DISTRICT- DARBHANGA
BIHAR
PIN 846004.
4:MRS. PRATIMA SINGH
W/O LATE DHARMENDRA KR. SINGH
R/O BIMLA BHAWAN
Page No.# 5/8
OPPOSITE RUPAK CINEMA
BAKERGANJ
PATNA
P.O. BANKIPORE
DISTRICT PATNA
BIHAR
PIN 800004
5:ORIENTAL INSURANCE CO. LTD
CITY BRANCH OFFICE NO. VI
M.G. ARCADE
IIIRD FLOOR
OPP. KULHARIA COMPLEX
P.O. BANKIPORE
PATNA
BIHAR. PIN 800001.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR S CHAKRABORTY (R1) appearing for SMTI. KANIKA ROY
AND 4 ORS
Linked Case : I.A.(Civil)/2323/2022
THE NATIONAL INSURANCE COMPANY LIMITED
REPRESENTED BY THE MANAGER
THE NATIONAL INSURANCE COMPANY LIMITED
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI-781005
VERSUS
SMTI. KANIKA ROY AND 4 ORS
NEAR DEY'S NURSING CLINIC
P.O.
P.S. AND DISTRICT- TINSUKIA
ASSAM
P.S. SADAR
P.O. LALBAGH
DISTRICT DARBHANGA
BIHAR
PIN 846004.
3:SRI SUMIT KUMAR CHOUDHURY
Page 3 of 6
P.O. LALBAGH
DISTRICT- DARBHANGA
BIHAR
PIN 846004.
4:MRS. PRATIMA SINGH
W/O LATE DHARMENDRA KR. SINGH
R/O BIMLA BHAWAN
OPPOSITE RUPAK CINEMA
BAKERGANJ
PATNA
P.O. BANKIPORE
DISTRICT PATNA
BIHAR
PIN 800004
5:ORIENTAL INSURANCE CO. LTD
CITY BRANCH OFFICE NO. VI
M.G. ARCADE
IIIRD FLOOR
OPP. KULHARIA COMPLEX
P.O. BANKIPORE
PATNA
BIHAR. PIN 800001.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SMTI. KANIKA ROY AND 4 ORS
Page 4 of 6
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
23.09.2026
1. This application has been filed by the applicant praying for withdrawal of the amount of Rs.11,42,500/- deposited by the appellant insurance company in pursuance of the order dated 01.08.2023 passed in I.A. Civil No. 2323/2022 by this Court.
2. Mr. S. Chakraborty, the learned counsel appears for the applicant. Ms. R. D. Mozumder, the learned counsel appears for the appellant insurance company.
3. The Learned counsel for the applicant submits that an appeal has been preferred by the respondent Insurance Company, which is registered as MAC Appeal No.468/2022.
4. The appellant Insurance Company has also preferred an I.A. Civil No. 2323/2022 praying for stay of the impugned judgment and award dated 20.08.2018 passed by the learned MACT, Tinsukia in MAC Case No. 16/2016.
5. The said I.A. was disposed of by an order dated 01.08.2023 by this Court wherein the impugned judgment and award was stayed on the condition that the appellant insurance company shall deposit 50% of the awarded amount before the Registry of this Court within a period of two months.
6. Thereafter, the appellant insurance company in terms of the said direction has deposited the amount of Rs.11,42,500/- on 19.09.2023
Page 5 of 6
by cheque No. 615590 dated 18.08.2023 and since then the amount is lying with the Registry of this Court.
7. It is further stated by the applicant that the applicant was never informed about the deposit by the insurance company earlier, and it was only in the month of July 2026 that the present engaged counsel had come to know about the said deposit.
8. It is therefore, prayed that the deposited amount may be allowed to be withdrawn by the applicant/claimant.
9. The Court has considered the submissions of the learned counsel for the parties and the instant application stands allowed.
10. The Registry shall allow the applicant/claimants to withdraw the deposited amount upon proper verification and identification, upon execution of an indemnity bond of the like amount.
11. This Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
Page 6 of 6
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