Gauhati High Court
I.A.(Civil)/3998/2025 of BISHNU RAM HANSE Vs ORIENTAL INSURANCE CO LTD on 13 September 2026
GAHC010271012025 2026:GAU-AS:13481 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3998/2025 BISHNU RAM HANSE S/O LATE MONIRAM HANSE, PO BORBOHA, PS LANKA, DIST HOJAI, ASSAM. VERSUS ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, GS ROAD,
GAHC010271012025
2026:GAU-AS:13481
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3998/2025
BISHNU RAM HANSE
S/O LATE MONIRAM HANSE, PO BORBOHA, PS LANKA, DIST HOJAI, ASSAM.
VERSUS
ORIENTAL INSURANCE CO LTD
REGIONAL OFFICE, GS ROAD, ULUBARI, PO GUWAHATI 781007 DIST
KAMRUP M ASSAM
Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MS. R D MOZUMDAR, Linked Case : MACApp./424/2023
ORIENTAL INSURANCE COMPANY LTD.
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI
G.S. ROAD
ULUBARI
GUWAHATI- 781007
REP. BY THE DEPUTY MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI- 781005.
VERSUS
BISHNU RAM HANSE AND 2 ORS.
S/O LATE MONIRAM HANSE
R/O BORBOHA
P.O.- BORBOHA
P.S.- LANKA
DIST.- HOJAI
ASSAM
PIN- 782442.
PRESENT ADDRESS- C/O ABDUL RASHID
R/O DATALPARA NATUN BASTI
P.O. AND P.S.- FATASIL AMBARI
DIST.- KAMRUP (M)
ASSAM
PIN- 781025.
2:SASANKA BISWAS
S/O LATE RASAMAY BISWAS
VILL.- PUB DHAMIRAM PATHAR
P.O.- HOJAI
P.S.- DOBOKA
DIST.- HOJAI
ASSAM
PIN- 782440.
3:SAMSUL HOQUE
S/O LATE MAKMOD ALI
R/O JAMUNAGAR
P.O.- MURAJHAR
P.S.- HOJAI
DIST.- HOJAI
ASSAM
PIN- 782435.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. A R AGARWALA (r-1) appearing for BISHNU RAM HANSE
AND 2 ORS.
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
14/09/2026 The instant application has been filed by the claimant/respondent in MAC Appeal No.424/2023 praying for withdrawal of the amount of Rs. 2,41,031/- deposited by the Appellant in Insurance Company in compliance with the order dated 01.12.2023 passed by this Court in I.A(C) No. 3471/2023 arising out of MAC Appeal No. 424/2023.
2. Heard learned counsel for the applicant, Mr. A.R. Agarwala. Also heard learned counsel, Ms. S.P. Sharma appearing for the Oriental Insurance Company/Appellants who had objected to the instant application on the ground that it is the owner of the offending vehicle who is liable to pay the compensation and not the Insurance Company and therefore, the MAC Appeal No. 424/2023 has also been preferred on the said ground.
3. The Court has considered the submission of the learned counsel for the parties and is of the view that this application may be allowed with the condition that the applicant/claimant should execute a bond of like amount.
4. The applicant is allowed and disposed of.
5. The Registry is directed to allow the applicant/claimant to withdraw the amount of Rs. 2,41,031/-, which is lying before the Registry of this Court upon proper identification and upon execution of an indemnity bond of like amount.
6. Application dismissed.
JUDGE Comparing Assistant