Page No.# 1/3 vs M/S New India Assurance Co. Ltd
2021 Latest Caselaw 1857 Gua

                                                                 Page No.# 1/3

GAHC010051222021




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

                           Case No. : I.A.(Civil)/859/2021

         SMTI BHANU BARMAN AND 4 ORS
         W/O LATE KALPA RAM BARMAN, R/O VILL. CHOON CHALI, BILPAR, P.S.
         AND P.O. NOONMATI, DIST. KAMRUP (M), ASSAM, PIN 781020

         2: NIBEDITA BARMAN

          D/O LATE KALPA RAM BARMAN
          R/O VILL. CHOON CHALI
          BILPAR
          P.S. AND P.O. NOONMATI
          DIST. KAMRUP (M)
          ASSAM
          PIN 781020

         3: PRITY BARMAN

          D/O LATE KALPA RAM BARMAN
          R/O VILL. CHOON CHALI
          BILPAR
          P.S. AND P.O. NOONMATI
          DIST. KAMRUP (M)
          ASSAM
          PIN 781020

         4: ABHISHEK BARMAN

          S/O LATE KALPA RAM BARMAN
          R/O VILL. CHOON CHALI
          BILPAR
          P.S. AND P.O. NOONMATI
          DIST. KAMRUP (M)
          ASSAM
          PIN 78102
                                                                                  Page No.# 2/3

              VERSUS

              M/S NEW INDIA ASSURANCE CO. LTD
              HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87 2ND
              MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
              AT G.S. ROAD, BORA SERVICE, BHANGAGARH, GUWAHATI 781005



Advocate for the Petitioner        : MR D MONDAL

Advocate for the Respondent : MS. R D MOZUMDAR




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

16.08.2021

The Court proceedings have been conducted through online court proceeding services. Heard Mr. D. Mondal, learned counsel for the applicants and Mr. K.K. Bhatta, learned counsel for the opposite party.

The applicants were the claimants in MAC Case no. 1709/2014 which was instituted by the applicants as claimants under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of Late Kalpa Ram Barman in a motor vehicular accident. The said claim application, MAC Case no. 1709/2014 was allowed by the learned Member, Motor Accident Claims Tribunal no. 3, Kamrup (M), Guwahati ('the Tribunal') by awarding an amount of Rs. 21,03,988/- along with interest @ 7.5 per annum from the date of filing of the claim petition till realization.

Challenging the said judgment and award of the learned Tribunal, the connected appeal, MACApp. 99/2019 has been preferred by the opposite party-insurer. The appeal has already been admitted for hearing by order dated 20.02.2019. By the order dated 20.02.2019 passed in I.A.(C) no. 615/2019, arising out of MACApp. 99/2019, the operation of the judgment and award dated 18.01.2018 passed in MAC Case no. 1709/2014 was stayed, subject to deposit of 50% of the awarded amount of Rs. 21,03,988/- within 6 (six) weeks Page No.# 3/3

from that date. Pursuant to the order dated 20.02.2019, the opposite party-appellant has deposited the amount before the Registry.

The present application has been filed seeking a direction to allow the applicants- claimants to withdraw the said 50% of the awarded amount deposited by the opposite party- appellant before the Registry.

Mr. Bhatta, learned counsel for the opposite party-appellant has no objection to the said prayer.

Having regard to the averments made in this application and the submissions made by the learned counsel for the parties, this application stands allowed.

The applicants are permitted to withdraw the amount deposited by the opposite party- appellant before the Registry in terms of the order dated 20.02.2019 (supra) upon their due identification by the learned engaged counsel of the applicants.

The application stands disposed of in the aforesaid terms.

JUDGE

Comparing Assistant