Page No.# 1/3 vs Cholamandalam Ms General ...
2022 Latest Caselaw 5037 Gua

                                                                   Page No.# 1/3

GAHC010256322022




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

                         Case No. : I.A.(Civil)/3725/2022

         SHUNITA DAS AND 5 ORS.
         W/O- LATE BISHU DAS @ BISHNU, R/O- VILL.- HARINAGAR BASTI, P.O.
         HARINAGAR, P.S. JOYPUR, DIST.- CACHAR, ASSAM, PIN- 788107.

         2: MISS SUPRIYA DAS
          D/O- LATE BISHU DAS @ BISHNU
          R/O- VILL.- HARINAGAR BASTI
          P.O. HARINAGAR
          P.S. JOYPUR
          DIST.- CACHAR
         ASSAM
          PIN- 788107.

         3: BISHAL DAS
          S/O- LATE BISHU DAS @ BISHNU
          R/O- VILL.- HARINAGAR BASTI
          P.O. HARINAGAR
          P.S. JOYPUR
          DIST.- CACHAR
         ASSAM
          PIN- 788107.

         4: MISS SUSHMITA DAS
          D/O- LATE BISHU DAS @ BISHNU
          R/O- VILL.- HARINAGAR BASTI
          P.O. HARINAGAR
          P.S. JOYPUR
          DIST.- CACHAR
         ASSAM
          PIN- 788107.

         5: SHIBAJI DAS
          S/O- LATE BISHU DAS @ BISHNU
          R/O- VILL.- HARINAGAR BASTI
                                                                                Page No.# 2/3

             P.O. HARINAGAR
             P.S. JOYPUR
             DIST.- CACHAR
             ASSAM
             PIN- 788107.

            6: SMTI ARATI RANI DAS
            W/O- LATE JITENDRA DAS
             R/O- VILL.- HARINAGAR BASTI
             P.O. HARINAGAR
             P.S. JOYPUR
             DIST.- CACHAR
            ASSAM
             PIN- 788107. (APPLICANT NOS. 2 TO 5 BEING MINORS ARE REPRESENTED
            BY THEIR MOTHER I.E. APPLICANT NO. 1)

            VERSUS

            CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
            2ND FLOOR, NO. 2, N.S.C. BOSE ROAD, CHENNAI-600001 AND ITS BRANCH
            OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH
            COLLEGE, G.S. ROAD, GUWAHATI.



Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. R GOSWAMI




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 19.12.2022

Heard Mr. M Talukdar, learned counsel for the applicants and Mr. R Goswami, learned counsel for the opposite party.

By this interlocutory application, the applicants have prayed a direction to the opposite party to deposit 50 % of the awarded amount vide Judgment and Order, dated Page No.# 3/3

17.02.2021 passed in MAC Case No.475/2015 before the Registry of this Court and further, on deposition of the said amount, the claimants/ applicants may be allowed to withdraw the same.

Mr. M Talukdar, learned counsel for the applicants has cited a Judgment of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd.-vs- Swaran Singh & Ors. reported in (2004) 3 SCC 297.

Upon hearing the learned counsel for both sides and considering the grounds cited in the petition, it is provided that 50% of the awarded amount shall be released to the applicant No. 1 Smti Shunita Das, wife of the deceased on execution of bond on proper identification within 6(six) weeks.

This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant