Page No.# 1/3 vs M/S United India Insurance Co. Ltd ...
2021 Latest Caselaw 1240 Gua

                                                                Page No.# 1/3

GAHC010010182017




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

         I.A.(Civil)/3280/2017 In
         MAC App./31/2017

         SRI MRINAL KANTI DEBNATH and 6 ORS
         R/O WARD NO. 9
         RAJIV NAGAR
         LANKA TOWN
         P.O. and P.S. LANKA
         DIST. HOJAI
         ASSAM.

         2: MISS RAKHI DEBNATH


          3: MISS ANIMA DEBNATH


          4: MISS RUMPI DEBNATH


          5: MISS JUMPI DEBNATH


          6: MISS SUKLA DEBNATH


          7: SMTI CHINU DEBNATH
         THE APPELLANT NO. 1 IS THE HUSBAND
          APPELLANTS NO. 2
          3
          4 ARE THE DAUGHTERS
          APPELLANT NO. 5 and 6 ARE MINOR DAUGHTERS AND APPELLANT NO. 7
         IS THE WIDOW MOTHER OF DECEASED
          SWAPNA RANI DEBNATH.
          THE APPELLANTS NO. 5 and 6 ARE MINORS AND REPRESENTED BY THEIR
         NEXT OF KIN and FATHER i.e
                                                                                Page No.# 2/3

            APPELLANT NO. 1.
            ALL ARE R/O VILL-WARD NO. 9
            RAJIV NAGAR
            LANKA TOWN
            P.O. and P.S. LANKA
            DIST. HOJAI
            ASSAM.
            VERSUS

            M/S UNITED INDIA INSURANCE CO. LTD and ANR
            FIRST FLOOR
            JOYRAM BUILDIG
            PAMOHI ROAD
            P.O. - GORCHUK
            GUWAHATI - 781035
            KAMRUP (M)
            ASSAM

            2:THAKUR CHANDRA DAS

            S/O LATE DASARATH CH. DAS
             C/O JHARNA DAS
             HOUSE NO. 92
             SOUTH SARANIA
             G.S. ROAD
             GUWAHATI 781007
             KAMRUP M
             ASSAM.
             ------------
             Advocate for : MR. S CHOUHAN
            Advocate for : MR. D CHUTIA (R-2) appearing for M/S UNITED INDIA
            INSURANCE CO. LTD and ANR



                                      BEFORE
                     HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

Date : 30.03.2021.

Heard Shri S Chouhan, learned counsel for the applicants/appellants, who by means of this application have prayed for a direction for deposit of the awarded amount in connection with judgment and order dated 16.12.2016 passed in MAC Case No.1413/2014 by the learned Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati.

Page No.# 3/3

Ms. M Choudhury, learned counsel for the contesting respondent-Insurance Company, however, submits that the awarded amount of Rs. 4,63,425/- has already been deposited before the Tribunal on 21.02.2017 which, perhaps, has also been withdrawn by the claimants.

Be that as it may, in view of such deposit, there is no existing cause of action in the application and accordingly, the same stands closed.

JUDGE Comparing Assistant