Dismissed

Dilip Roy Alias Dilip Kumar Roy v. National Insurance Co. Ltd. and Ors.

Gauhati HC15 Sept 2026I.A.(Civil)/3057/2026

Case brief

AI extract

What is this about?

Final disposal of an interim application by the Gauhati High Court directing the Registry to disburse Rs. 3,13,339/- deposited by the Insurance Company to the claimant, who had limited means and urgent medical needs, upon indemnity bond.

What did the court decide?

Registry directed to release Rs. 3,13,339/- to the applicant/claimant upon verification, modification, and execution of an indemnity bond.

Dilip Roy Alias Dilip Kumar Roy Vs National… — Writ and Judicial Review | Gauhati HC (2026)

Page No.# 1/4

GAHC010186492026

2026:GAU-AS:13702

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

¶5

Case No. : I.A.(Civil)/3057/2026

¶6

DILIP ROY ALIAS DILIP KUMAR ROY

¶7

UPENDRA CHANDRA ROY ALIAS UPENDRA ROY, RO VILL BORAITALI PART II, PO KALAIN, PS KATIGORAH, DIST CACHAR, ASSAM, PIN 788815

¶8

VERSUS

¶9

NATIONAL INSURANCE CO LTD AND ORS REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE AT PLOT NO CBD 81, NEW TOWN, KOLKATA 700156, REGIONAL OFFICE AT GS ROAD, BHANGAGHAR, GHY 05, REPRESENTED BY ITS CHIEF REGIONAL MANAGER

¶10

2:MD ABUL TASARUF ALI BARBHUIYA RO VILL AND PO NIZ JOYNAGAR PS KATIGORAH DIST CACHAR ASSAM PIN 788025

¶11

3:SRI TAPASH KARMAKAR SO LT BARUN KARMAKAR CO INDRAPURI STUDIO PO KALAIN PS KATIGORAH DIST CACHAR ASSAM PIN 788817

¶12

4:THE UNITED INDIA INSURANCE CO LTD REPRESENTED BY ITS DIVISIONAL MANAGER SHYAMAPRASAD ROAD PO SILCHAR 788001

¶13

Page No.# 2/4

¶14

PS SILCHAR DIST CACHAR ASSAM PIN 78800

¶15

Advocate for the Petitioner : MR A B DEY,

¶16

Advocate for the Respondent : MRS. S ROY,

¶17

Linked Case : MACApp./201/2026

¶18

NATIONAL INSURANCE CO. LTD. A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGD. OFFICE AT PLOT NO. CBD-81 NEW TOWN KOLKATA-700156 AND ONE OF ITS REGIONAL OFFICE AT G.S ROAD BHANGAGHAR GUWAHATI-05 REP. BY ITS CHIEF REGIONAL MANAGER VERSUS DILIP ROY @ DILIP KUMAR ROY AND 3 ORS. S/O. UPENDRA CHANDRA ROY @ UPENDRA ROY VILL.- BORAITALI PART-II P/O. KALAIN P/S. KATIGORAH DIST. CACHJAR ASSAM PIN-788815 2:MD. ABUL TASARUF ALI BARBHUIYA R/O. VILL AND P/O. NIZ.- JOYNAGAR P/S. KATIGORAH DIST. CACHAR ASSAM PIN-788025 3:SRI TAPASH KARMAKAR S/O. LT. BARUN KARMAKAR C/O. INDRAPURI STUDIO

¶19

Page No.# 3/4

¶20

P/O. KALAIN P/S. KATIGORAH DIST. CACHAR ASSAM PIN-788817 4:THE UNITED INDIA INSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER SHYAMAPRASAD ROAD P/O. SILCHAR-788001 P/S. SILCHAR DIST. CACHAR ASSAM PIN-788001 -----------Advocate for : MRS. S ROY Advocate for : MR A B DEY(R1) appearing for DILIP ROY @ DILIP KUMAR ROY AND 3 ORS.

¶21

BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

¶22

ORDER

¶23

Date : 16/09/2026

¶24

The instant application has been filed by the claimant/respondent No. 1 praying for a direction to the Registry of this Court to disbursed the 50% of the awarded amount which has been deposited by the opposite party/appellant, Insurance Company in pursuance of the order dated 26.05.2026 passed in I.A. (C) No. 1345/2026.

¶25

2. Heard learned counsel for the applicant, Mr. A.B. Dey.

¶26

3. It is the submission of the learned counsel for the applicant that by order dated 26.05.2026 in I.A.(C) No. 1345/2026, this Court had stayed the operation of the impugned judgment dated 28.01.2026 passed by the learned MACT, Cachar, Silchar in MAC Case No. 914/2015 subject to deposit of 50% of the

¶27

Page No.# 4/4

¶28

awarded amount by the appellant/Insurance Company before the Registry of this Court.

¶29

4. Learned counsel submits that the Insurance Company has thereafter, deposited a sum of Rs. 3,13,339/- as 50% of the awarded amount and the amount is presently lying before the Registry of this Court. It is also submitted that the applicant belongs to a family with an extremely limited means and owing to the injuries sustained by him in the motor vehicle accident his earning capacity has been seriously affected. As a result of which the applicant and his family members are facing tremendous hardships. It is stated that the applicant is in dire economic condition and is in urgent need of the money for this continued medical treatment.

¶30

5. The learned counsel, Mrs. S. Roy, appearing for the Appellant/Insurance Company Limited has prayed for some time so that the leading counsel can appear in the matter. However, considering the fact that the applicant/claimant has expressed his precarious economic condition, the instant application is allowed and the Registry is directed to release the deposited amount of Rs. 3,13,339/- to the applicant/respondent No. 1 upon proper verification and modification and upon executing an indemnity bond of equal amount.

¶31

6. Application is disposed of.

¶32

Comparing Assistant

Dilip Roy Alias Dilip Kumar Roy v. National Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Dilip Roy Alias Dilip Kumar Roy v. National Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases