National Insurance Company Ltd vs Smti Arpana Talukdar And 5 Ors
2021 Latest Caselaw 2571 Gua

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GAHC010033452018




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

                         Case No. : MACApp./241/2018

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI



         VERSUS

         SMTI ARPANA TALUKDAR AND 5 ORS
         W/O LATE AMARENDRA TALUKDAR, R/O VILL. JEBRAVITTA,
         (BHAWANIPUR), P.S. BARPETA, PIN 781301, DIST. BARPETA, ASSAM.

         2:SRI BIKI TALUKDAR

          S/O LATE AMARENDRA TALUKDAR
          R/O VILL. JEBRAVITTA
          (BHAWANIPUR)
          P.S. BARPETA
          PIN 781301
          DIST. BARPETA
          ASSAM.

         3:MISS MAUSUMI TALUKDAR
          D/O LATE AMARENDRA TALUKDAR
          R/O VILL. JEBRAVITTA
          (BHAWANIPUR)
          P.S. BARPETA
          PIN 781301
          DIST. BARPETA
         ASSAM.

         4:SRI BHARGAV TALUKDAR
          S/O LATE AMARENDRA TALUKDAR
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            R/O VILL. JEBRAVITTA
            (BHAWANIPUR)
            P.S. BARPETA
            PIN 781301
            DIST. BARPETA
            ASSAM
            RESPONDENT NOS. 2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR
            LEGAL SUARDIAN I.E. MOTHER RESPONDENT NO.

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. B K JAIN (R1-R4)




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : --27.10.2021

Heard Mr. R. Goswami, the learned counsel appearing for the appellant. Also heard Mr. B.K. Jain, the leaned counsel appearing for the opposite party.

Since the MAC Appeal No. 241/2018 is already admitted, the operation of the Judgment and award dated 05.08.2017, passed by the MACT Barpeta in MAC Case No. 79/2019 shall remain stayed till disposal of the appeal, subject to the condition that the 50% of the awarded amount at the rate of Rupees 7% interest per anum from the date of filing of the appeal shall be deposited by the Insurance Company in the Registry of this Court within next four weeks. The appellant shall be at liberty to withdraw the aforesaid amount on proper verification.

It is further directed that out of the aforesaid 50% amount Rs. 1,50,000/- shall be fixed deposited in a Bank in the name of the respondent nos. 2, 3 and 4 for a period of 5 years. Another amount of Rs. 1,00,000/- shall be fixed deposited in the name of the respondent no. 1 for a period 5 years and the rest of the amount shall be disbursed to the respondent no. 1 on proper verification.

With the aforesaid observation, the I.A stands disposed of.

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JUDGE

Comparing Assistant