Oriental Insurance Company Ltd vs Mrs. Kulsuma Khatun And 2 Ors
2021 Latest Caselaw 1745 Gua

                                                                                   Page No.# 1/2

GAHC010098882019




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

                                     Case No. : MFA/90/2021

             ORIENTAL INSURANCE COMPANY LTD
             ORIENTAL INSURANCE COMPANY LTD.,
             Address - HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD,
             ULUBARI, GUWAHATI- 781007, REP. BY THE REGIONAL MANAGER,
             GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.



             VERSUS

             MRS. KULSUMA KHATUN AND 2 ORS
             MRS. KULSUMA KHATUN AND 2 ORS
             Address - W/O- LATE ABDUL RASHID, R/O- VILL.- JANGONIGAON, P.O. AND
             P.S. JURIA, DIST.- NAGAON, ASSAM, PIN- 782124.



Advocate for the Petitioner   : MRS. RITA DAS MOZUMDAR

Advocate for the Respondent :




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                             ORDER

02-08-2021.

Heard Ms. R.D. Mozumdar, learned counsel for the appellant. Also heard Mr. H. Buragohain, learned counsel for the respondent Nos.1 & 2/claimants.

Although the appeal has been preferred but in view of the findings and decision of the learned Page No.# 2/2

Commissioner, Employees' Compensation, that the appellant may recover the money from the owner of the vehicle, it is submitted by the learned counsel for appellant that they are agreeable to deposit the money before the Tribunal, subject to recover the same from the owner, in terms of the judgment and order of the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. vs Shri Nanjappan and others, reported in 2004 (13) SCC 224, wherein it has been provided that after such deposit of the awarded amount by the insurer, the owner of the vehicle should be directed to furnish a security of the entire amount and the offending vehicle should be attached.

The plea of the appellant/insurance company, before the trial Court was that the driver of the offending vehicle had no valid license.

The learned counsel for the claimants/respondents has also sought for urgent release of the awarded money, as they have proved their case, without any further delay. He has also raised no objection, if such money is released by the Tribunal, after compliance of the conditions, laid down in the case of Nanjappan (Supra), after complying Section 31 of the Employees' Compensation Act.

Having regard to the submission of both the parties and the impugned order, the present appeal stands disposed of at the motion stage itself with a direction to the appellant to deposit the awarded amount before the Tribunal within five weeks from today and the learned Tribunal will issue notice to the owner of the offending vehicle to furnish security for the amount, so deposited and to attach the vehicle and do all the needful in terms of the order passed in the aforesaid decision and in terms of Section 31 of the Employees' Compensation Act, towards release of the amount to the claimant, at the earliest.

The appeal stands disposed of accordingly.

JUDGE

Comparing Assistant