Gauhati High Court
I.A.(Civil)/3047/2026 of KABITA SHIL SHARMA @ KABITA SUTRADHAR AND ANR Vs NATIONAL INSURANCE CO. LTD. AND 2 ORS. on 7 September 2026
GAHC010179182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3047/2026 KABITA SHIL SHARMA @ KABITA SUTRADHAR AND ANR WIFE OF LATE AJAY SUTRADHAR, RESIDENT OF VILLAGE- PAIKAN PART I, P.O AND P.S- KRISHNAI- 783126, DIST- GOALPARA
GAHC010179182026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3047/2026
KABITA SHIL SHARMA @ KABITA SUTRADHAR AND ANR
WIFE OF LATE AJAY SUTRADHAR, RESIDENT OF VILLAGE- PAIKAN PART
I, P.O AND P.S- KRISHNAI- 783126, DIST- GOALPARA (ASSAM)
2: BANARU SUTRADHAR
SON OF LATE AJAY SUTRADHAR
RESIDENT OF VILLAGE- PAIKAN PART I
P.O AND P.S- KRISHNAI- 783126
DIST- GOALPARA (ASSAM) (BEING MINOR
REPRESENTED BY THE APPLICANT NO. 1
VERSUS
NATIONAL INSURANCE CO. LTD. AND 2 ORS.
REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI, G.S. ROAD, BHANGAGARH, P.O.- GUWAHATI- 781005, DIST- KAMRUP (M), ASSAM
2:NUREL AMIN
S/O SHEIKH T. RAHMAN
VILLAGE- SIJUBARI
H.NO. 27
NATUN R.D. HATIGAON
N. R. MLA HOSTEL
P.O.- GUWAHATI- 781006
DIST- KAMRUP (M)
ASSAM
3:MAJIMUL HOQUE
S/O SAMSUL HOQUE
VILLAGE- DAMPUR PART II
P.O- ALOMGANJ- 783339
DISTRICT- DHUBRI
ASSA
Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. K K BHATTA, Linked Case : MACApp./659/2019
KABITA SHIL SHARMA @ KABITA SUTRADHAR AND 2 ORS.
W/O- LATE AJAY SUTRADHAR
R/O- VILL.- PAIKAN PART-I
P.O. AND P.S. KRISHNAI- 783126
DIST.- GOALPARA
ASSAM.
2: BANARU SUTRADHAR
S/O- LATE AJAY SUTRADHAR
R/O- VILL.- PAIKAN PART-I
P.O. AND P.S. KRISHNAI- 783126
DIST.- GOALPARA
ASSAM.
3: ARCHANA SUTRADHAR
D/O- LATE AJAY SUTRADHAR
R/O- VILL.- PAIKAN PART-I
P.O. AND P.S. KRISHNAI- 783126
DIST.- GOALPARA
ASSAM. (APPELLANT NO. 2 AND 3 ARE MINOR SON AND DAUGHTER OF
APPELLANT NO. 1 AND HENCE REP. BY THEIR MOTHER APPELLANT NO. 1).
VERSUS
NATIONAL INSURANCE CO. LTD. AND 2 ORS.
REP. BY ITS REGIONAL MANAGER
REGIONAL OFFICE
GUWAHATI
G.S. ROAD
BHANGAGARH
P.O. GUWAHATI- 781005
DIST.- KAMRUP(M)
ASSAM.
2:NUREL AMIN
S/O- SHEIKH T. RAHMAN
R/O- VILL.- SIJUBARI
H/NO. 27
NATUN R.D. HATIGAON
N.R. MLA HOSTEL
P.O. GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
3:MAJIMUL HOQUE
S/O- SAMSUL HOQUE
R/O- VILL.- DAMPUR PART-II
P.O. ALOMGANJ- 78339
DIST.- DHUBRI
ASSAM
------------
Advocate for : MR. A R AGARWALA
Advocate for : MR. K K BHATTA appearing for NATIONAL INSURANCE CO. LTD.
AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
08.09.2026
Heard Mr. A.R. Agarwala, learned counsel for the applicants. This is an application seeking correction / modification of the order dated 13.12.2025 passed in MAC Appeal No. 659/2019 in the proceedings of National Lok Adalat. In the aforesaid order, the claim was settled and accordingly, a sum of Rs.3,30,000/- was directed to be deposited within one month from the date of the order by the National Insurance Company. Out of the aforesaid amount, Rs.50,000/- each was directed to be deposited in the Nationalised bank for the minor son, namely, Banaru Sutradhar and minor daughter Archana Sutradhar in their names until they attain majority and the remaining balance amount of Rs.2,30,000/- shall be released to the mother (applicant herein). It is submitted that in fact the minor daughter, Archana Sutradhar had expired on 03.06.2025 before the order was passed which was not been brought before the proceedings of the Lok Adalat and at the time of passing the aforesaid order. Therefore, Mr. Agarwala, the learned counsel submits that an amount of Rs.50,000/- to be deposited in the Nationalised Bank for the said minor daughter be paid to the mother (applicant). Having considered that despite due diligence the death of the said minor daughter Archana Sutradhar appears to have not been placed at the time of passing the aforesaid order, I deemed it appropriate to modify and correct the order, particularly, in respect of the direction to deposit Rs.50,000/- in respect of the said minor daughter who had since expired. Accordingly, it is provided that Rs.50,000/- which has been deposited in the name of the minor daughter late Archana Sutradhar be paid to the mother (applicant). The I.A. accordingly stands allowed and disposed of in terms of the above. This order shall form the part of the order dated 13.12.2025. JUDGE Comparing Assistant