Page No.# 1/5 vs United India Insurance Co. Ltd. ...
2021 Latest Caselaw 2062 Gua

                                                           Page No.# 1/5

GAHC010193872019




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

                         Case No. : I.A.(Civil)/850/2020

         NIRU KALITA AND5 ORS.
         W/O. LATE JAGAT KALITA
         R/O. VILL. DAPATA
         KHETRI
         P.S. KHETRI
         DIST. KAMRUP(M)
         ASSAM.

         2: SRI NAYAN KALITA
         S/O. LATE JAGAT KALITA
          R/O. VILL. DAPATA
          KHETRI
          P.S. KHETRI
          DIST. KAMRUP(M)
         ASSAM.

         3: SRI JITU KALITA
         S/O. LATE JAGAT KALITA
         R/O. VILL. DAPATA
         KHETRI
         P.S. KHETRI
         DIST. KAMRUP(M)
         ASSAM.

         4: SMTI. GEETA KALITA
         D/O. LATE JAGAT KALITA
         R/O. VILL. DAPATA
         KHETRI
         P.S. KHETRI
         DIST. KAMRUP(M)
         ASSAM.

         5: SRI ANIL KALITA
         S/O. LATE JAGAT KALITA
                                                            Page No.# 2/5

R/O. VILL. DAPATA
KHETRI
P.S. KHETRI
DIST. KAMRUP(M)
ASSAM.

6: SMTI. PRATIMA KALITA
W/O. BHULA KALITA
R/O. VILL. DAPATA
KHETRI
P.S. KHETRI
DIST. KAMRUP(M)
ASSAM.
VERSUS

UNITED INDIA INSURANCE CO. LTD. ANDANR.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI AND ITS REGIONAL OFFICE AT GS ROAD
DISPUR
GUWAHATI
DIST. KAMRUP(M)
ASSAM.

2:SHANKAR ROY
S/O. SATYA NARAYAN ROY
 R/O. DHIRENPARA (GASPARA)
 FATASIL AMBARI
 P.O./P.S. FATASIL AMBARI
 DIST. KAMRUP(M)
ASSAM.
 ------------
Advocate for : MR. K KALITA
Advocate for : MR. M CHOUDHURY appearing for UNITED INDIA INSURANCE
CO. LTD. ANDANR.


Linked Case : MACApp./472/2019

UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI- 600014
AND REGIONAL OFFICE AT GUWAHATI-5, REP. BY THE REGIONAL
MANAGER.



VERSUS

SMTI. NIRU KALITA AND 6 ORS.
                                                                  Page No.# 3/5

            W/O- LATE JAGAT KALITA.

            2:SRI NAYAN KALITA
             (SON OF THE DECEASED).

            3:SRI JITU KALITA
             (SON OF THE DECEASED).

            4:SMTI. GEETA KALITA
             (DAUGHTER OF THE DECEASED).

            5:SRI ANIL KALITA
             (SON OF THE DECEASED).

            6:SMTI. PRATIMA KALITA
             (MOTHER OF THE DECEASED)
            ALL ARE RESIDENTS OF VILL.- DAPATA (REWA MAHESWAR MALAIBARI)
             P.S. KHETRI
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 782403.

            7:SRI SHANKAR ROY
             S/O- SATYA NARAYAN ROY
             R/O- DHIRENPARA (GASPARA) FATASHIL AMBARI
             P.O. AND P.S. FATASHIL AMBARI
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 781025. (OWNER OF VEHICLE NO. AS-01-L-3413)

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

Date : 03.09.2021

The Court proceedings have been conducted through online court proceeding services.

Page No.# 4/5

Heard Mr. D. Mandal, learned counsel appearing on behalf of Ms. S. Parbin, learned counsel for the applicant nos. 1-6 and Ms. M. Choudhury, learned counsel for the opposite-party no. 1.

The applicants as claimants preferred a claim application, MAC (Death) Case no. 12/2016 under Section 166, Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal, Morigaon ('the Tribunal', for short). The claim application in MAC (Death) Case no. 12/2016 was allowed by the learned Tribunal by its judgment and award dated 30.05.2019. An amount of Rs. 20,35,000/- was awarded as compensation along with interest @ 6% p.a. from the date of the claim application till payment. Assailing the said judgment and award dated 30.05.2019, the opposite-party no. 1 as the appellant has preferred the connected appeal, MACApp Case no. 472/2019. The said appeal was admitted on 30.09.2019. Along with the appeal, an interlocutory application, I.A.(Civil) no. 3223/2019 was preferred by the opposite-party no. 1 as the applicant-appellant seeking stay of the operation of the impugned judgment and award dated 30.05.2019. The said application was disposed of on 30.09.2019 by ordering stay of the execution of the impugned judgment and award dated 30.05.2019 subject to deposit of 50% of the awarded amount within 6 (six) weeks from 30.09.2019.

The present interlocutory application has been filed by the applicant- claimant nos. 1-6 seeking leave for withdrawal of the 50% of the awarded amount deposited by the opposite party no. 1-appellant before the Registry of this Court on 15.11.2019, in deference to the order dated 30.09.2019 (supra).

Ms. Choudhury, learned counsel for the opposite party no. 1-appellant has submitted that the appellant-insurer has no objection if this application seeking withdrawal of 50% of the deposited amount is allowed.

Page No.# 5/5

Having regard to the grounds taken in the connected appeal as regards quantum of compensation and the submissions made by the learned counsel for the parties including no objection, this application is allowed.

The applicant-claimant nos. 1-6 are permitted to withdraw the 50% of the awarded amount passed in MAC (Death) Case no. 12/2016, deposited by the opposite party no. 1-appellant before the Registry of this Court upon their due identification by their learned engaged counsel.

JUDGE

Comparing Assistant