Oriental Insurance Company Limited vs Miss Sona Das And 2 Ors

Gauhati High Court

Oriental Insurance Company Limited vs Miss Sona Das And 2 Ors on 31 May, 2024

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GAHC010067972024




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

                                Case No. : I.A.(Civil)/1034/2024

            ORIENTAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
            ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7,
            REPRESENTED BY THE REGIONAL MANAGER



            VERSUS

            MISS SONA DAS AND 2 ORS
            D/O SUKLESWAR RAY, R/O VILL-BORBHILA, P.O. AND P.S.- MANIKPUR,
            DIST-BONGAIGAON, ASSAM, PIN-783392

            2:ABDUR RAHIM
             S/O MD. HOSSAIN MIA
             R/O VILL- BARHANGRAM
             P.O.-NAYANSUKH
             P.S.-FARAKKA
             DIST- MURSIDABAD
            WEST BENGAL
             PIN-742212 (OWNER OF TRUCK NO. WB-57/B-4589)

            3:GOBARDHAN SAHA
             S/O LT. SONTOSH SAHA
             R/O KHEGUREAGHAT
             P.S.-FARAKKA
             DIST- MURSIDABAD
            WEST BENGAL
             PIN-742212 (DRIVER OF TRUCK NO. WB-57/B-4589

Advocate for the Petitioner   : MS M CHOUDHURY

Advocate for the Respondent :
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                                     BEFORE
                       HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                             ORDER

Date : 31.05.2024 Heard Ms. M. Choudhury, learned counsel for the applicant who has filed the instant application for refund of the statutory amount of Rs. 25,000/- which was deposited by the applicant/Oriental Insurance Company Limited before the Registry at the time of filing the MAC Appeal No. 260/2021.

The learned counsel for the applicant submits that this Court vide its judgment dated 24.08.2022 had dismissed the appeal and the learned counsel for the applicant submits that the award has also been satisfied by the said Insurance Company.

This Court has considered the submission made by the learned counsel for the applicant that the MAC Appeal No. 260/2021 has been disposed of vide judgment dated 24.08.2022 and the award is satisfied by the applicant/ Oriental Insurance Company.

In view of above, this Court finds that the statutory deposit of Rs. 25,000/- along with interest if incurred may be allowed to be refunded to the applicant/ Oriental Insurance Company Limited.

Accordingly, the I.A.(Civil) is allowed and disposed of.

JUDGE Comparing Assistant