Gauhati High Court
I.A.(Civil)/3057/2026 of DILIP ROY ALIAS DILIP KUMAR ROY Vs NATIONAL INSURANCE CO LTD AND ORS on 15 September 2026
GAHC010186492026 2026:GAU-AS:13702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3057/2026 DILIP ROY ALIAS DILIP KUMAR ROY UPENDRA CHANDRA ROY ALIAS UPENDRA ROY, RO VILL BORAITALI PART II, PO KALAIN, PS KATIGORAH, DIST CACHAR, ASSAM,
GAHC010186492026
2026:GAU-AS:13702
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3057/2026
DILIP ROY ALIAS DILIP KUMAR ROY
UPENDRA CHANDRA ROY ALIAS UPENDRA ROY, RO VILL BORAITALI
PART II, PO KALAIN, PS KATIGORAH, DIST CACHAR, ASSAM, PIN 788815
VERSUS
NATIONAL INSURANCE CO LTD AND ORS
REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE AT PLOT NO CBD 81, NEW TOWN, KOLKATA 700156, REGIONAL OFFICE AT GS ROAD, BHANGAGHAR, GHY 05, REPRESENTED
BY ITS CHIEF REGIONAL MANAGER
2:MD ABUL TASARUF ALI BARBHUIYA
RO VILL AND PO NIZ JOYNAGAR
PS KATIGORAH
DIST CACHAR
ASSAM
PIN 788025
3:SRI TAPASH KARMAKAR
SO LT BARUN KARMAKAR
CO INDRAPURI STUDIO
PO KALAIN
PS KATIGORAH
DIST CACHAR
ASSAM
PIN 788817
4:THE UNITED INDIA INSURANCE CO LTD
REPRESENTED BY ITS DIVISIONAL MANAGER
SHYAMAPRASAD ROAD
PO SILCHAR 788001
PS SILCHAR
DIST CACHAR
ASSAM
PIN 78800
Advocate for the Petitioner : MR A B DEY, Advocate for the Respondent : MRS. S ROY, Linked Case : MACApp./201/2026
NATIONAL INSURANCE CO. LTD.
A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT
1956
HAVING ITS REGD. OFFICE AT PLOT NO. CBD-81
NEW TOWN
KOLKATA-700156 AND ONE OF ITS REGIONAL OFFICE AT G.S ROAD
BHANGAGHAR
GUWAHATI-05
REP. BY ITS CHIEF REGIONAL MANAGER
VERSUS
DILIP ROY @ DILIP KUMAR ROY AND 3 ORS.
S/O. UPENDRA CHANDRA ROY @ UPENDRA ROY
VILL.- BORAITALI PART-II
P/O. KALAIN
P/S. KATIGORAH
DIST. CACHJAR
ASSAM
PIN-788815
2:MD. ABUL TASARUF ALI BARBHUIYA
R/O. VILL AND P/O. NIZ.- JOYNAGAR
P/S. KATIGORAH
DIST. CACHAR
ASSAM
PIN-788025
3:SRI TAPASH KARMAKAR
S/O. LT. BARUN KARMAKAR
C/O. INDRAPURI STUDIO
P/O. KALAIN
P/S. KATIGORAH
DIST. CACHAR
ASSAM
PIN-788817
4:THE UNITED INDIA INSURANCE CO. LTD.
REP. BY ITS DIVISIONAL MANAGER
SHYAMAPRASAD ROAD
P/O. SILCHAR-788001
P/S. SILCHAR
DIST. CACHAR
ASSAM
PIN-788001
------------
Advocate for : MRS. S ROY
Advocate for : MR A B DEY(R1) appearing for DILIP ROY @ DILIP KUMAR ROY
AND 3 ORS.
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
Date : 16/09/2026 The instant application has been filed by the claimant/respondent No. 1 praying for a direction to the Registry of this Court to disbursed the 50% of the awarded amount which has been deposited by the opposite party/appellant, Insurance Company in pursuance of the order dated 26.05.2026 passed in I.A. (C) No. 1345/2026.
2. Heard learned counsel for the applicant, Mr. A.B. Dey.
3. It is the submission of the learned counsel for the applicant that by order dated 26.05.2026 in I.A.(C) No. 1345/2026, this Court had stayed the operation of the impugned judgment dated 28.01.2026 passed by the learned MACT, Cachar, Silchar in MAC Case No. 914/2015 subject to deposit of 50% of the awarded amount by the appellant/Insurance Company before the Registry of this Court.
4. Learned counsel submits that the Insurance Company has thereafter, deposited a sum of Rs. 3,13,339/- as 50% of the awarded amount and the amount is presently lying before the Registry of this Court. It is also submitted that the applicant belongs to a family with an extremely limited means and owing to the injuries sustained by him in the motor vehicle accident his earning capacity has been seriously affected. As a result of which the applicant and his family members are facing tremendous hardships. It is stated that the applicant is in dire economic condition and is in urgent need of the money for this continued medical treatment.
5. The learned counsel, Mrs. S. Roy, appearing for the Appellant/Insurance Company Limited has prayed for some time so that the leading counsel can appear in the matter. However, considering the fact that the applicant/claimant has expressed his precarious economic condition, the instant application is allowed and the Registry is directed to release the deposited amount of Rs. 3,13,339/- to the applicant/respondent No. 1 upon proper verification and modification and upon executing an indemnity bond of equal amount.
6. Application is disposed of. JUDGE Comparing Assistant