Page No.# 1/4 vs The New India Assurance Co. Ltd. ...
2022 Latest Caselaw 2926 Gua

                                                                 Page No.# 1/4

GAHC010111672020




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

                        Case No. : I.A.(Civil)/1408/2022



         SMTI BANTI DEKA and ANR
         W/O LATE PARAMANANDA DEKA
         R/O VILL- JOGABARI
         PS SONAPUR
         DIST. KAMRUP (METRO)
         ASSAM

         2: NILOTPAL DEKA
         S/O LATE PARAMANANDA DEKA
          R/O VILL JOGABARI
          PS SONAPUR
          DIST. KAMRUP (METRO)
         ASSAM
         APPLICANT NO. 2 IS THE MINOR BEING REP. BY HIS MOTHER SMT. BANTI
         DEKA
         THE APPLICANT NO. 1

          VERSUS

         THE NEW INDIA ASSURANCE CO. LTD. AND 5 ORS
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
         M.G. ROAD
         FORT
         MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX
         5TH FLOOR
         LACHIT NAGAR
         NEAR HANUMAN MANDIR
         G.S. ROAD
         GUWAHATI-781007

         2:THE ORIENTAL INSURANCE CO. LTD. REP. BY THE REGIOAL MANAGER
         REGIONAL OFFICE
          MONIRAM DEWAN ROAD
                                                    Page No.# 2/4

G.S. ROAD
ULUBARI
GUWAHATI-7
KAMRUP (M)
ASSAM (INSURER OF THE VEHICLE NO. AS-01-AB-0804
INDICA)

3:BIDYA BORO
S/O LATE DONDI BORO
VILL- LOMATI
PO AND PS SONAPUR
DIST. KAMRUP(M)
GUWAHATI
ASSAM (OWNER OF THE VEHICLE NO. AS-01-0804
INDICA)

 4:CHANDAN BORO
S/O SRI BIDYA BORO
 VILL- LOMATI
 PO AND PS-SONAPUR
 DIST. KAMRUP(M0
 GUWAHATI
 ASSAM
 PIN-782402
(DRIVER OF THE VEHICLE NO. AS-01-AB-0804
 INDICA)

 5:FARUK ISLAM
S/O ABDUL KUDDUS
 VILL-BORPOKA GAON
 PO-TARABARI
 PS-DHING
 DIST. NAGAON
 ASSAM
 PIN-782125
(OWNER OF THE OFFENDING VEHICLE NO. AS-01-Z/4009
 MAX SAVARI)

 6:BUBUL ALI
S/O M. ULLAH
 VILL-KADUMARI
 DIST. NAGAON
 ASSAM
 PIN-782122
(DRIVER OF THE OFFENDING VEHICLE NO. AS-0-Z/4009
 MAX SAVARI)
                                                                         Page No.# 3/4

            ------------
            Advocate for : MR.A MANNAF
            Advocate for : MR. R GOSWAMI appearing for THE NEW INDIA ASSURANCE
            CO. LTD. AND 5 ORS




                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                      ORDER

Date : 11-08-2022

Heard Mr. A Mannaf, learned counsel for the applicants/claimants. Also heard Mr. R Goswami, learned counsel for the respondent No. 1/Insurance Company.

Mr. A Mannaf, learned counsel for the applicants/claimants has submitted that in terms of the judgment dated 17.09.2019, passed by this Court in MAC App. No. 667/2017, the respondents/Insurance Company has deposited the amount of Rs. 23,77,422/- as full payment. He submits that the Registry may be directed to release the awarded amount of Rs. 23,77,422/- to the applicants/claimants.

Mr. R Goswami, learned counsel for the respondent No. 1 submits that he has got no objection to the prayer made by the applicants/claimants.

In view of the fact that the respondent No. 1 has deposited the compensation amount in terms of the judgment dated 17.09.2019, passed in MAC App. No. 667/2017 with the Registry of this Court, the Registry of this Court is directed to release the amount of Rs. 23,77,422/- to the applicants/claimants after due identification and verification.

Page No.# 4/4

This interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant