Gauhati High Court
National Insurance Company Ltd vs Smti Soroj Borah on 29 November, 2021
Page No.# 1/5
GAHC010117552018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./505/2018
NATIONAL INSURANCE COMPANY LTD.
HAVIN ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATTA AND
ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI REGIONAL
OFFICE, GS ROAD, BHANGAGARH, GUWAHATI 5 HAVING ON OF ITS
DIVISIONAL OFFICE AT IMPHAL
VERSUS
SMTI SOROJ BORAH
WO SRI SAILEN BORAH
2:SRI SAILEN BORAH
SO LATE MALBHOG CH. BORAH
RO VILL MELENG MATALINGA
PS JORHAT
DIST JORHAT ASSAM
3:MOIRANG THEN PADOM SING
SO M GOPI SING
RO M. GOPAL SINGH
RO TAKYEL KHANGBOL MOIRANG THANG
IMPHAL MONIPUR
4:SRI SALAM SHYAM SING
SO LATE SOTOMBI SINGH
RO MOYANG
PS MOYANG
DIST IMPHAL MONIPU
Advocate for the Petitioner : MR. R K BHATRA
Advocate for the Respondent : MR. S MUKTAR (R1, R2)
Page No.# 2/5
Linked Case : I.A.(Civil)/1975/2018
NATIONAL INSURANCE COMPANY LTD.
HAVIN ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATTA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI
REGIONAL OFFICE
GS ROAD
BHANGAGARH
GUWAHATI 5 HAVING ON OF ITS DIVISIONAL OFFICE AT IMPHAL
VERSUS
SMTI SOROJ BORAH
WO SRI SAILEN BORAH
2:SRI SAILEN BORAH
SO LATE MALBHOG CH. BORAH
RO VILL MELENG MATALINGA
PS JORHAT
DIST JORHAT ASSAM
3:MOIRANG THEN PADOM SING
SO M GOPI SING
RO M. GOPAL SINGH
RO TAKYEL KHANGBOL MOIRANG THANG
IMPHAL MONIPUR
4:SRI SALAM SHYAM SING
SO LATE SOTOMBI SINGH
RO MOYANG
PS MOYANG
DIST IMPHAL MONIPUR
------------
Advocate for : MR. R K BHATRA
Advocate for : MR. S MUKTAR (R1
R2) appearing for SMTI SOROJ BORAH
Linked Case : I.A.(Civil)/1976/2018
NATIONAL INSURANCE COMPANY LTD.
HAVIN ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATTA AND ONE OF THE REGIONAL OFFICE KNOWN AS GUWAHATI
Page No.# 3/5
REGIONAL OFFICE
GS ROAD
BHANGAGARH
GUWAHATI 5 HAVING ON OF ITS DIVISIONAL OFFICE AT IMPHAL
VERSUS
SMTI SOROJ BORAH
WO SRI SAILEN BORAH
2:SRI SAILEN BORAH
SO LATE MALBHOG CH. BORAH
RO VILL MELENG MATALINGA
PS JORHAT
DIST JORHAT ASSAM
3:MOIRANG THEN PADOM SING
SO M GOPI SING
RO M. GOPAL SINGH
RO TAKYEL KHANGBOL MOIRANG THANG
IMPHAL MONIPUR
4:SRI SALAM SHYAM SING
SO LATE SOTOMBI SINGH
RO MOYANG
PS MOYANG
DIST IMPHAL MONIPUR
------------
Advocate for : MR. R K BHATRA
Advocate for : appearing for SMTI SOROJ BORAH
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 29.11.2021
Heard Ms. R. Gangawat, learned counsel for the appellant. Also heard Mr. D.
Mondal, learned counsel for respondents No. 1 & 2.
Ms. Gangawat, learned counsel, by referring to this Court's order, dated
22.11.2021, passed in IA(C)1976/2018, whereby, while staying the impugned
Page No.# 4/5
judgment & award, dated 05.04.2012, passed by the learned Member, MACT,
Kamrup, Guwahati, in MAC Case No. 532/2008, the applicant had been directed
to deposit the entire awarded amount of Rs. 2,40,000/- along with the interest,
in terms of the impugned judgment & award, dated 05.04.2012, whereas the
entire awarded amount, along with the interest, referred to hereinabove, has
already been deposited by the applicant/Insurance Company before the Registry
of this Court in terms of this Court's order, dated 06.09.2019, passed in
IA(c)1975/2018.
The order, dated 22.11.2021, referred to hereinabove; directing the
applicant/Insurance Company to deposit the entire awarded amount in the said
application i.e. IA(c)1976/2018 filed by the applicant/Insurance Company came
to be passed by this Court as the earlier deposit made by the applicant, herein,
in terms of this Court's order, dated 06.09.2019, passed in IA(c)1975/2018, was,
inadvertently, not pointed-out to the Court when the said application was
considered on 22.11.2021.
In view of the above, Ms. Gangawat, learned counsel, seeks modification of this
Court's order, dated 22.11.2021, passed in IA(C)1976/2018, insofar as the
direction to deposit the entire awarded amount of Rs. 2,40,000/- along with the
interest, is concerned.
Mr. Mondal, learned counsel for respondents No. 1 & 2, has no objection to the
above prayer.
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In view of the above, since the entire awarded amount along with the interest in
terms of the impugned judgment & award, dated 05.04.2012, passed by the
learned Member, MACT, Kamrup, Guwahati, in MAC Case No. 532/2008, have
already been deposited by the applicant/Insurance Company before the Registry
of this Court in pursuance of this Court's order, dated 06.09.2019, passed in
IA(c)1975/2018; this Court's order, dated 22.11.2021, passed in
IA(C)1976/2018, stands modified to the extent that the applicant/Insurance
Company shall not be required to again deposit the entire awarded amount, in
question, along with the interest; in terms of the impugned judgment & award,
dated 05.04.2012, passed by the learned Member, MACT, Kamrup, Guwahati, in
MAC Case No. 532/2008.
However, the remaining part of this Court's order, dated 22.11.2021, passed in
IA(C)1976/2018, staying the operation of the impugned judgment & award,
dated 05.04.2012, passed by the learned Member, MACT, Kamrup, Guwahati, in
MAC Case No. 532/2008, shall continue to remain operative.
A copy of this order be also tagged in the case record of IA(c)1976/2018.
List it after 3 weeks.
JUDGE
Comparing Assistant
