Disposed¶27

Jamal Uddin Ahmed v. National Insurance Company Ltd.

Gauhati HC17 Mar 2025I.A.(Civil)/454/2025

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Civil)/454/2025; Justice Robin Phukan; order dated 18.03.2025; Jamal Uddin Ahmed and others v National Insurance Company Ltd; interim release of awarded compensation deposited before Registry; appeal admitted, record called for from Tribunal; personal injury award; claimant hardship; 40% of awarded amount released to applicants; insurer objected amounts personal to deceased injured person; application disposed of.

What did the court decide?

Release of 40% of the awarded amount deposited before the Registry of this Court, in favour of the applicant. ¶27

Jamal Uddin Ahmed Vs National Insurance Company Ltd. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010027222025

2025:GAU-AS:2853

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

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Case No. : I.A.(Civil)/454/2025

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JAMAL UDDIN AHMED

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S/O LATE ABDUL BAREK AHMED, RESIDENT OF VILLAGE DOTURI, DIST CHIRANG, BTAD, ASSAM, 783390

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2: DOLI AGARWALA CHIRANG ASSAM

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3: REHAN AHMED CHIRANG ASSAM

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4: JUBEN NESSA AHMED CHIRANG ASSAM

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VERSUS

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NATIONAL INSURANCE COMPANY LTD REP BY ITS ASSISTANT MANAGER, GUWAHATI, ASSAM

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2:MAFIDUL ISLAM BONGAIGAON ASSAM

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3:ALTAF HUSSAIN BONGAIGAON ASSAM

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Advocate for the Petitioner : MR. MOLLAH KHAN,

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Advocate for the Respondent : MS R D MAZUMDAR,

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Page No.# 2/3

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BEFORE

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HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER

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18.03.2025

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Heard Mr M Khan, learned counsel for the applicants and Ms R D Mazumdar, learned counsel for the opposite party No. 1 and Ms G Devi, learned counsel appearing on behalf of Mr K R Patgiri, learned counsel for the respondent Nos. 2 and 3.

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This interlocutory application is preferred by the applicants for releasing 50 % of the awarded amount, which has already been deposited before the Registry of this Court by the opposite party No. 1.

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Mr Khan, learned counsel for the applicant submits that the appeal has already been admitted and the record has also been called for from the learned Tribunal and that the amount deposited before the Registry of this Court is required to be released in favour of the applicants as the applicants are facing serious hardship and therefore, it is contended to allow this application.

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On the other hand, Ms Mazumdar, learned counsel for the opposite party No. 1 submits that she has objection in releasing the entire amount in favour of the applicants since it was a case of personal injury and that the person concerned has already suffered demise and the present applicants are not entitled to same as the amounts which are awarded are personal to the injured .

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Taking note of the submissions of learned counsel for the parties, and the documents placed on record and also considering all the facts and circumstances on record, it is provided that 40% of the awarded amount, deposited before the Registry of this Court, shall be released in favour of the applicant.

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Page No.# 3/3

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In terms of the above, this interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

Jamal Uddin Ahmed v. National Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Jamal Uddin Ahmed v. National Insurance Company Ltd.

Case brief

What is this about?

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What the court decided

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