Allowed¶38

Smti Subhasi Das and Anr. v. National Insurance Co. Ltd.

Gauhati HC4 Jan 2026I.A.(Civil)/2887/2024

Case brief

AI extract

What is this about?

Keywords: Gauhati High Court; Justice Robin Phukan; I.A.(Civil)/2887/2024; MACApp./131/2020; I.A.(Civil)/789/2020; interim release of 50% of awarded/deposited motor accident claim amount; execution of bond of equal amount; objection on violation of policy condition; benevolent provision of the Motor Vehicle Act; National Insurance Co. Ltd; claimants Smti Subhasi Das and Archana Das of South Tokrachara, Golakganj, Dhubri, Assam; order dated 05.01.2026; application allowed and disposed of; award quantum not stated.

What did the court decide?

Release of the 50% of the awarded amount deposited before the Registry of this Court, in favour of the applicant, subject to execution of a bond of equal amount; the interlocutory application stands disposed of. ¶38

Smti Subhasi Das and Anr. Vs National Insurance Co. Ltd. — Motor Accident Claims | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 50% of the awarded amount deposited before the Registry of this Court by the appellant pursuant to the order dated 06.01.2021 in I.A.(Civil) No. 789/2020 in MAC Case No. 131/2020 should be released to the applicant, notwithstanding the opposite party's objection that there is a violation of the policy condition.

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Court's answer

The Court allowed the interlocutory application: subject to execution of a bond of equal amount, the 50% amount deposited before the Registry of this Court shall be released in favour of the applicant.

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Ratio / Principle

In reaching that conclusion the Court took note of the submissions of learned counsel on both sides, the facts and circumstances on record, and the statements, objects and reasons underlying the benevolent provision in the Motor Vehicle Act.

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Detailed headnote1 paragraphs

Interim release of deposited motor accident compensation — Gauhati High Court (Robin Phukan, J.), order dated 05.01.2026 in I.A.(Civil)/2887/2024, linked to MACApp./131/2020 and I.A.(Civil)/789/2020. Smti Subhasi Das and Archana Das applied for release of 50% of the awarded amount deposited before the Registry of this Court by the appellant, National Insurance Co. Ltd, pursuant to the Court's order dated 06.01.2021 in I.A.(Civil) No. 789/2020 in MAC Case No. 131/2020. The insurer opposed release pleading violation of the policy condition. Taking note of both sides' submissions, the facts and circumstances on record, and the statements, objects and reasons underlying the benevolent provision in the Motor Vehicle Act, the Court allowed the application and directed that, subject to execution of a bond of equal amount, the 50% deposit be released in favour of the applicant; the application thereupon stands disposed of. The rupee quantum of the award is not stated in the order.

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GAHC010015862019

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

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Case No. : I.A.(Civil)/2887/2024

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SMTI SUBHASI DAS AND ANR W/O LT. SUDHIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM

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2: ARCHANA DAS W/O LATE SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM VERSUS

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM

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-----------Advocate for : MRS. K DEVI Advocate for : MR. K K BHATRA appearing for NATIONAL INSURANCE CO. LTD

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Linked Case : I.A.(Civil)/789/2020

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM. VERSUS SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 3:ECHA HAQUE ALI AHMED S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 -----------Advocate for : MR. K K BHATRA Advocate for : appearing for SMTI SUBHASI DAS AND 2 ORS

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Linked Case : MACApp./131/2020

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET,

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KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.

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VERSUS

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SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS, M/O LATE SAMIR KR. DAS, R/O VILL. SOUTH TOKRACHARA PART-IV, P.O. AND P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN

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2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 3:ON THE DEATH OFECHA HAQUE ALI AHMED HIS LEGAL HEIRS S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334

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3.1:SMT. AJIJA KHATUN AHMED W/O ECHA HAQUE ALI AHMED VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334

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3.2:MR. ARIF AHMED

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S/O ECHA HAQUE ALI AHMED VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM

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PIN 78333

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Advocate for the Petitioner : MR. K K BHATRA, MR. D BHUYAN,MR. R K BHATRA,MS. R DUTTA

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Advocate for the Respondent : MRS. K DEVI,

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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05.01.2026

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Heard Mrs. K. Devi, learned counsel for the applicant and Ms. Biyani, learned counsel appearing for the appellant/opposite party.

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2. This interlocutory application is preferred by the applicant for releasing 50% of the awarded amount, which has been deposited by the appellant, pursuant to the order of this Court, dated 06.01.2021, passed in I.A.(Civil) No. 789/2020, in MAC Case No. 131/2020.

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3. Mrs. Devi, learned counsel for the applicant submits that 50% of the awarded amount has already been deposited before the Registry of this Court, but the opposite party has raised objection in releasing the aforesaid amount, which, according to Mrs. Devi, is not at all sustainable and as such, she has contended to allow this application.

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4. However, Ms. Biyani, learned counsel for the appellant/opposite party, submits that there is a violation of the policy condition and as such, the appellant has raised objection in releasing the 50% of the awarded amount.

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5. However, taking note of the submissions of the learned counsel for both the parties and also considering the facts and circumstances on the record, and also the statements, objects and reasons in enacting the benevolent provision in the

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Motor Vehicle Act, this Court is inclined to allow this application.

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6. Subject to execution of a bond of equal amount, the 50% amount, deposited before the Registry of this Court, shall be released in favour of the applicant.

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

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JUDGE

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Comparing Assistant

Smti Subhasi Das and Anr. v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Smti Subhasi Das and Anr. v. National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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