Gauhati High Court

I.A.(Civil)/2098/2026 of GITA SHARMA Vs M/S LIBERTY GENERAL INSURANCE CO LTD on 24 June 2026

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GAHC010287062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2098/2026 GITA SHARMA W/O LATE RAKESH KUMAR SHARMA R/O VILLAGE SAPKATA PS MUKALMUA NALBARI DISTRICT ASSAM 781126 2: AAROHI SHARMA D/O LATE RAKESH KUMAR SHARMA

GAHC010287062025

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/2098/2026

GITA SHARMA

W/O LATE RAKESH KUMAR SHARMA

R/O VILLAGE SAPKATA

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

2: AAROHI SHARMA

D/O LATE RAKESH KUMAR SHARMA

R/O VILLAGE SAPKATA

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

3: AAROSHI SHARMA

D/O LATE RAKESH KUMAR SHARMA

R/O VILLAGE SAPKATA

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

4: AAYANSH SHARMA

S/O LATE RAKESH KUMAR SHARMA

R/O VILLAGE SAPKATA

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

5: SMTI MINA DEVI

D/O KALU SARMA

R/O VILLAGE SAPKATA

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

VERSUS

M/S LIBERTY GENERAL INSURANCE CO LTD

HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR

TOWER A

PENINSULA BUSINESS PARK

GANPATRAO KADAM PARK

LOWER PAREL

DELISLE ROAD

MUMBAI

MAHARASTRA-400013 AND BRANCH OFFICE AT 15T FLOOR

GANPATI ENCLAVE

BORA SERVICE

G.S.ROAD

ULUBARI

GUWAHATI-781007

ASSAM

2:MD ANOWARA HUSSAIN

S/O ABDUL HUSSAIN

R/O VILLAGE BAKRIKUCHI

PS MUKALMUA

NALBARI DISTRICT

ASSAM

781126

------------

Advocate for : MR J KALITA

Advocate for : MR. R GOSWAMI appearing for M/S LIBERTY GENERAL

INSURANCE CO LTD

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

Date : 25.06.2026 Heard Mr. J. Kalita, learned counsel appearing for the claimant/applicant. Also heard Mr. P. Borthakur, learned counsel appearing for the respondent/appellant.

2. By way of this interlocutory application, the applicant/claimant has prayed for release of 50% of the awarded amount deposited before the Registry of this Court.

3. The present interlocutory application is preferred seeking a direction for allowing the claimant/applicant to withdraw 50 % of the awarded amount deposited in the Registry of this Court in pursuance of the order dated 11.02.2026, passed in I.A.(Civil) No. 371/2026.

4. It appears that this Court, while considering I.A.(Civil) No. 371/2026 filed for stay of the impugned judgment and award dated 23.09.2025 in MAC Case No. 43/2022(death), passed by the learned Motor Accident Claims Tribunal, Nalbari, was pleased to stay the operation of the impugned judgment and award, subject to the condition that the appellant- insurance company deposit 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from the date of the said order.

5. Pursuant to the aforesaid order, 50% of the awarded amount has been deposited by the appellant-insurance company before the Registry of this Court.

6. Having heard the learned counsel for the parties and upon perusal of the materials available on record, this Court is of the considered view that the prayer made in the present interlocutory application deserves to be allowed.

7. Accordingly, the Registry of this Court is directed to release 50% of the awarded amount deposited pursuant to the order dated 11.02.2026 in favour of the claimant/applicant, upon proper verification and identification, preferably by transferring the same to the bank account of the claimant/applicant, subject to furnishing of the requisite bank details before the Registry.

8. It is, however, made clear that such release shall remain subject to the outcome of the connected appeal.

9. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant

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