Gauhati High Court
New India Assurance Company Ltd vs Lata Agarwala And 4 Ors on 9 August, 2022
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GAHC010140722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2052/2022
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERD OFFICE and HEAD OFFICE AT 87, M.G. ROAD,
FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S.ROAD, BHANGAGARH,
GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER,
GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI.
VERSUS
LATA AGARWALA AND 4 ORS.
W/O LATE KAILASH KR. AGARWAL, RESIDENT OF NEW MARKET (COLE
ROAD) DIBRUGARH TOWN, P.O. AND P.S. DIBRUGARH, DIST. DIBRUGARH,
ASSAM.
2:MISS NISHA AGARWAL
D/O LATE KAILASH KR. AGARWAL
RESIDENT OF NEW MARKET (COLE ROAD) DIBRUGARH TOWN
P.O. AND P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM.
3:MATER PRATEEK MORE
S/O LATE KAILASH KR. AGARWAL
RESIDENT OF NEW MARKET (COLE ROAD) DIBRUGARH TOWN
P.O. AND P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM.
4:SRI BIKASH KR. JAIN
S/O SRI PRAKASH CHAN JAIN
RESIDENT OF NEW MARKET (COLE ROAD) DIBRUGARH TOWN
P.O. AND P.S. DIBRUGARH
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DIST. DIBRUGARH
ASSAM. (OWNER OF VEHICLE NO. AS-06-D-7254)
5:SRI SHANTILAL JAIN
S/O LATE NEMICHAND JAIN
RESIDENT OF NEW MARKET (COLE ROAD) DIBRUGARH TOWN
P.O. AND P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM. (DRIVER OF VEHICLE NO. AS-06-D-7254
Advocate for the Petitioner : MR.R GOSWAMI
Advocate for the Respondent :
Linked Case : MACApp./205/2011
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERD OFFICE and HEAD OFFICE AT 87
M.G. ROAD
FORT
MUMBAI AND ITS REGIONAL OFFICE AT G.S.ROAD
BHANGAGARH
GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
G.S. ROAD
BHANGAGARH
GUWAHATI.
VERSUS
LATA AGARWALA AND ORS
W/O LATE KAILASH KR. AGARWAL
2:MISS NISHA AGARWAL
D/O LATE KAILASH KR. AGARWAL
ALL ARE RESIDENTS OF NEW MARKET COLE ROAD DIBRUGARH TOWN
P.O. and P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM.
3:BIKASH KR. JAIN
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S/O SRI PRAKASH CHAN JAIN
R/O NEW MARKETCOLE ROAD DIBRUGARH TOWN
P.O. and P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM OWNER OF VEHICLE NO. AS-06/D-7254
4:SHANTILAL JAIN
S/O ALTE NEMICHAND JAIN
R/O NEW MARKET COLE ROAD
DIBRUGARH TOWN
P.O. and P.S.DIBRUGARH
DIST. DIBRUGARH
ASSAM DRIVER OF VEHICLE NO. AS-06/D-7254
------------
Advocate for : MR.R GOSWAMI
Advocate for : MR.S K JAIN appearing for LATA AGARWALA AND ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 09.08.2022
Heard Ms. M. Saikia, learned counsel for the applicant/ appellant.
This interlocutory application has been filed by the applicant/ Insurance
Company praying for refund of the amount of statutory deposit of Rs. 25,000/-
deposited by the appellant /Insurance Company at the time of filing the appeal
in MAC Appeal No. 205/2011.
It is stated in the petition that the applicant has preferred an appeal in this
court against the judgment and award dated 26.08.2011 passed by the learned
Member, MACT, Dibrugarh in MAC Case No. 41/2005. At the time of filing the
appeal, the applicant had deposited an amount of Rs. 25,000/- in the Registry
of this Court as statutory deposit which is the statutory requirement for
preferring an appeal under Section 173 of the M.V.Act, 1988. The judgment has
been delivered by this Court on 31.03.2022 in MAC Appeal No. 205/2011 but it
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is not reflected in the judgment regarding refund of the statutory deposit of Rs.
25,000/- in favour of the appellant.
I have gone through the record of the case of MAC Appeal No. 205/2011
and it is found that at the time of filing of the appeal the Insurance Company
had deposited the amount of Rs. 25,000/- to the Registry of this Court as per
requirement of Section 173 of the M.V.Act, 1988. It is directed to refund the said
amount in favour of the Insurance Company/ appellant/ applicant.
The I.A. stands disposed of.
JUDGE
Comparing Assistant
