Gauhati High Court
Page No.# 1/9 vs Icici Lombard General Insurance ... on 18 November, 2021
Page No.# 1/9
GAHC010188412021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1932/2021
SMT. MAMONI SARANIA AND 2 ORS.
W/O- LATE DIGANTA SARANIA
2: BARASHA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
3: DHANUSHMITA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA. ALL ARE R/O VILL-
DIGHLIPAR.P.S-TAMULPUR. DIST- BAKSA(BTAD) ASSAM. PIN-781367. AND
PRESENTLY RESIDING AT GANDHIBASTI. P.S- CHANDMARI. DIST-
KAMRUP (M). GUWAHATI-781003
VERSUS
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. AND 4 ORS.
HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS, BANDRA
KURLA COMPLEX, MUMBAI- 400051 AND ITS BRANCH OFFICE AT 3RD
FLOOR, KAMAKHYA TOWER, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI-
781005, REP. BY THE LEGAL MANAGER, GUWAHATI OFFICE.
2:DEEP KR. SARKAR
S/O- TARAPADA SARKAR
R/O- VILL.- BHARGURI
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. (DRIVER OF THE BUS BEARING NO. AS-20/1686).
3:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
P.S. PALTANBAZAR
GUWAHATI
Page No.# 2/9
KAMRUP(M)
ASSAM
PIN- 781008. (OWNER OF THE BUS BEARING NO. AS-20/1686).
4:BHASKAR JYOTI KALITA
S/O- LAKHI KALITA
C/O- KALYAN SEAL
R/O- KAMAKHYA HILL
NEAR MANDIR
P.S. JALUKBARI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781013. (RIDER OF THE SCOOTY BEARING NO. AS-01/BQ-2709).
5:NITIN KUMAR
S/O- MOHAN LAL
C/O ASHOK KR. KARKWANI
R/O- SHANKAR NAGAR
H/NO. 4
GUWAHATIO
KAMRUP(M)
ASSAM
PIN- 781001
Advocate for the Petitioner : MR. A T SARKAR
Advocate for the Respondent : T. KAKATI
Linked Case : I.A.(Civil)/995/2021
MAMONI SARANIA AND 2 ORS.
W/O. LATE DIGANTA SARANIA
2: BARASHA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
3: DHANUSHMITA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
VERSUS
ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND 4 ORS.
HAVING ITS REGD. OFFICE AT ICICI BANK TOWERS
Page No.# 3/9
BANDRA KURLA COMPLEX
MUMBAI- 400051 AND ITS BRANCH OFFICE AT 3RD FLOOR
KAMAKHYA TOWER
G.S. ROAD
CHRISTIAN BASTI
GHY- 5
REP. BY THE LEGAL MANAGER
GUWAHATI OFFICE.
2:DEEP KR. SARKAR
S/O- TARAPADA SARKAR
R/O- VILL.- BHARGURI
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. (DRIVER OF THE BUS BEARING NO. AS-20/1686).
3:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
P.S. PALTANBAZAR
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781008. (OWNER OF THE BUS BEARING NO. AS-20/1686).
4:BHASKAR JYOTI KALITA
S/O- LAKHI KALITA
C/O- KALYAN SEAL
R/O- KAMAKHYA HILL
NEAR MANDIR
P.S. JALUKBARI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781013. (RIDER OF THE SCOOTY BEARING NO. AS-01/BQ-2709).
5:NITIN KUMAR
S/O- MOHAN LAL
C/O ASHOK KR. KARKWANI
R/O- SHANKAR NAGAR
H/NO. 4
GUWAHATIO
KAMRUP(M)
ASSAM
PIN- 781001.
------------
Advocate for : MR A HUSSAIN
Advocate for : MR T KALITA appearing for ICICI LOMBARD GENERAL
INSURANCE CO. LTD. AND 4 ORS.
Page No.# 4/9
Linked Case : I.A.(Civil)/2227/2020
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS
BANDRA KURLA COMPLEX
MUMBAI- 400051 AND ITS BRANCH OFFICE AT 3RD FLOOR
KAMAKHYA TOWER
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005
REP. BY THE LEGAL MANAGER
GUWAHATI OFFICE.
VERSUS
MAMONI SARANIA AND 7 ORS.
W/O- LATE DIGANTA SARANIA
2:BARASHA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
3:DHANUSHMITA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
4:SMT. KASELYA SARANIA
MOTHER OF LATE DIGANTA SARANIA
(RESPONDENT NOS. 2 AND 3 BEING MINOR REP. BY THE RESPONDENT NO.
1)
ALL ARE RESIDENTS OF VILL.- DIGHLIPAR
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. AND PRESENT RESIDENTS OF GANDHIBASTI P.S. CHANDMARI
DIST.- KAMRUP(M)
GUWAHATI- 781003.
5:DEEP KR. SARKAR
S/O- TARAPADA SARKAR
R/O- VILL.- BHARGURI
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. (DRIVER OF THE BUS BEARING NO. AS-20/1686).
6:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
Page No.# 5/9
P.S. PALTANBAZAR
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781008. (OWNER OF THE BUS BEARING NO. AS-20/1686).
7:BHASKAR JYOTI KALITA
S/O- LAKHI KALITA
C/O- KALYAN SEAL
R/O- KAMAKHYA HILL
NEAR MANDIR
P.S. JALUKBARI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781013. (RIDER OF THE SCOOTY BEARING NO. AS-01/BQ-2709).
8:NITIN KUMAR
S/O- MOHAN LAL
C/O ASHOK KR. KARKWANI
R/O- SHANKAR NAGAR
H/NO. 4
GUWAHATIO
KAMRUP(M)
ASSAM
PIN- 781001.
------------
Advocate for : MR T KALITA
Advocate for : appearing for MAMONI SARANIA AND 7 ORS.
Linked Case : MACApp./294/2020
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS
BANDRA KURLA COMPLEX
MUMBAI- 400051 AND ITS BRANCH OFFICE AT 3RD FLOOR
KAMAKHYA TOWER
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005
REP. BY THE LEGAL MANAGER
GUWAHATI OFFICE.
VERSUS
SMT. MAMONI SARANIA AND 7 ORS.
W/O- LATE DIGANTA SARANIA
Page No.# 6/9
2:BARASHA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
3:DHANUSHMITA SARANIA
MINOR DAUGHTER OF LATE DIGANTA SARANIA
4:SMT. KASELYA SARANIA
MOTHER OF LATE DIGANTA SARANIA
(RESPONDENT NOS. 2 AND 3 BEING MINOR REP. BY THE RESPONDENT NO.
1)
ALL ARE RESIDENTS OF VILL.- DIGHLIPAR
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. AND PRESENT RESIDENTS OF GANDHIBASTI P.S. CHANDMARI
DIST.- KAMRUP(M)
GUWAHATI- 781003.
5:DEEP KR. SARKAR
S/O- TARAPADA SARKAR
R/O- VILL.- BHARGURI
P.S. TAMULPUR
DIST.- BAKSA (BTAD)
ASSAM
PIN- 781367. (DRIVER OF THE BUS BEARING NO. AS-20/1686).
6:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
P.S. PALTANBAZAR
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781008. (OWNER OF THE BUS BEARING NO. AS-20/1686).
7:BHASKAR JYOTI KALITA
S/O- LAKHI KALITA
C/O- KALYAN SEAL
R/O- KAMAKHYA HILL
NEAR MANDIR
P.S. JALUKBARI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781013. (RIDER OF THE SCOOTY BEARING NO. AS-01/BQ-2709).
8:NITIN KUMAR
S/O- MOHAN LAL
C/O ASHOK KR. KARKWANI
R/O- SHANKAR NAGAR
H/NO. 4
GUWAHATIO
Page No.# 7/9
KAMRUP(M)
ASSAM
PIN- 781001.
------------
Advocate for : MR T KALITA
Advocate for : MS. J GHOSH appearing for SMT. MAMONI SARANIA AND 7 ORS.
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 18.11.2021
Heard Mr. A. T. Sarkar, learned counsel for the applicants/ claimants. Also
heard Mr. T. Kalita, learned counsel for the Opposite Party No. 1/appellant-
Insurance Company.
The Opposite Party No. 1/appellant-Insurance Company, as appellant, had
preferred an appeal being MAC.A. 294/2020, challenging the judgment & award,
dated 05.02.2020 passed by the learned Member, MACT No. 2, Kamrup(Metro),
Guwahati, in MAC. Case No. 1127/2017 whereby an amount of Rs. 13,70,214/-
was awarded to the claimants.
The liability of the aforesaid amount was apportioned between the
Opposite Party No. 1, the appellant-Insurance Company; and the Opposite Party
No. 3, the Managing Director, A.S.T.C.. While the aforesaid appeal was admitted
for hearing, this Court, in the meanwhile, in I.A.(c) 2227/2020 filed by the
Opposite Party No. 1/appellant-Insurance Company for stay of the judgment &
award, in question, vide order, dated 21.12.2020, had stayed the judgment &
Page No.# 8/9
award, dated 05.02.2020 passed by the learned Member, MACT No. 2,
Kamrup(Metro), Guwahati, in MAC. Case No. 1127/2017, subject to deposit of
50% of the award apportioned against the Opposite Party No. 1/appellant-
Insurance Company. In compliance thereof, the Opposite Party No. 1/appellant-
Insurance Company has deposited Rs. 3,42,553/- before the Registry of this
Court on 03.03.2021.
On an application i.e. IA(c)995/2021 filed by the present applicants No. 1,
2 & 3; this Court vide order, dated 20.09.2021, had allowed the claimants to
withdraw 25% of the awarded amount so deposited by the appellant-Insurance
Company before the Registry of this Court which is the amount specified
hereinabove, i.e. Rs. 3,42,553/-.
By filing the instant interlocutory application, it is stated that applicants
No. 2 & 3 are the minor daughters of applicant No. 1. It is also stated that
applicant No. 4 Smt. Kaselya Sarania, mother of the deceased, had died on
08.02.2018, even before the impugned judgment & award, dated 05.02.2020,
was passed by the learned Tribunal.
Under these circumstances, this interlocutory application has been filed by
the applicants, seeking leave of this Court to allow the applicant No. 1 to
withdraw the deposited amount i.e. Rs. 3,42,553/- subject to furnishing of a
written undertaking by applicant No. 1 stating that in case, the connected
appeal succeeds, she will return the money.
Page No.# 9/9
Mr. Kalita, learned counsel for Opposite Party No. 1/ Insurance Company,
has no objection to the above prayer.
In view thereof, the prayer, as made above, by the applicants in this
interlocutory application is hereby allowed and the applicant No. 1 viz. Smt.
Mamoni Sarania, wife of late Diganta Sarania, is permitted to withdraw the
deposited amount, in question, from the Registry of this Court in terms of order,
dated 21.12.2020, passed in IA(c)2227/2021, and in terms of order, dated
20.09.2021, passed in IA(c)995/2021; subject to furnishing of an undertaking
by applicant No. 1 to the effect that if the connected appeal succeeds, she will
return the money, and, on being properly identified by following the due process
of identification as notified by the Registry of this Court, from time to time.
The interlocutory application stands allowed and accordingly stands
disposed of.
JUDGE
Comparing Assistant
