Allowed

Bishnu Ram Hanse v. Oriental Insurance Co. Ltd.

Gauhati HC13 Sept 2026I.A.(Civil)/3998/2025

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application filed by a claimant seeking withdrawal of security amount deposited in compliance with a prior court order, directing the execution of an indemnity bond as a condition.

What did the court decide?

Withdrawal of Rs. 2,41,031/- deposited before the Registry allowed subject to execution of an indemnity bond. The application was disposed of.

Bishnu Ram Hanse Vs Oriental Insurance Co. Ltd. — Insurance | Gauhati HC (2026)

Page No.# 1/4

GAHC010271012025

2026:GAU-AS:13481

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

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Case No. : I.A.(Civil)/3998/2025

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BISHNU RAM HANSE

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S/O LATE MONIRAM HANSE, PO BORBOHA, PS LANKA, DIST HOJAI, ASSAM.

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VERSUS

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ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, GS ROAD, ULUBARI, PO GUWAHATI 781007 DIST KAMRUP M ASSAM

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Advocate for the Petitioner : MR. A R AGARWALA,

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Advocate for the Respondent : MS. R D MOZUMDAR,

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Linked Case : MACApp./424/2023

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ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781005.

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Page No.# 2/4

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VERSUS

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BISHNU RAM HANSE AND 2 ORS. S/O LATE MONIRAM HANSE R/O BORBOHA

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P.O.- BORBOHA P.S.- LANKA DIST.- HOJAI ASSAM PIN- 782442. PRESENT ADDRESS- C/O ABDUL RASHID R/O DATALPARA NATUN BASTI P.O. AND P.S.- FATASIL AMBARI DIST.- KAMRUP (M) ASSAM PIN- 781025. 2:SASANKA BISWAS S/O LATE RASAMAY BISWAS VILL.- PUB DHAMIRAM PATHAR

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P.O.- HOJAI P.S.- DOBOKA DIST.- HOJAI ASSAM PIN- 782440. 3:SAMSUL HOQUE S/O LATE MAKMOD ALI R/O JAMUNAGAR P.O.- MURAJHAR P.S.- HOJAI DIST.- HOJAI ASSAM PIN- 782435. -----------Advocate for : MS. R D MOZUMDAR Advocate for : MR. A R AGARWALA (r-1) appearing for BISHNU RAM HANSE AND 2 ORS.

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Page No.# 3/4

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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14/09/2026

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The instant application has been filed by the claimant/respondent in MAC Appeal No.424/2023 praying for withdrawal of the amount of Rs. 2,41,031/deposited by the Appellant in Insurance Company in compliance with the order dated 01.12.2023 passed by this Court in I.A(C) No. 3471/2023 arising out of MAC Appeal No. 424/2023.

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Heard learned counsel for the applicant, Mr. A.R. Agarwala. Also heard learned counsel, Ms. S.P. Sharma appearing for the Oriental Insurance Company/Appellants who had objected to the instant application on the ground that it is the owner of the offending vehicle who is liable to pay the compensation and not the Insurance Company and therefore, the MAC Appeal No. 424/2023 has also been preferred on the said ground.

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The Court has considered the submission of the learned counsel for the parties and is of the view that this application may be allowed with the condition that the applicant/claimant should execute a bond of like amount.

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The applicant is allowed and disposed of.

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The Registry is directed to allow the applicant/claimant to withdraw the amount of Rs. 2,41,031/-, which is lying before the Registry of this Court upon proper identification and upon execution of an indemnity bond of like amount.

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Application dismissed.

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Page No.# 4/4

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JUDGE

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Comparing Assistant

Bishnu Ram Hanse v. Oriental Insurance Co. Ltd.

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Bishnu Ram Hanse v. Oriental Insurance Co. Ltd.

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