Gauhati High Court
National Insurance Company Ltd vs Pranati Kalita And 4 Ors on 25 January, 2022
Page No.# 1/4
GAHC010059192021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./101/2021
NATIONAL INSURANCE COMPANY LTD.
A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
ACT, 1956. HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,
KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI, REP. BY ITS REGIONAL MANAGER,
GUWAHATI (ASSAM)
VERSUS
PRANATI KALITA AND 4 ORS.
W/O LATE RAJEN KALITA, R/O VILLAGE GARAIMARI AHOM GAON, PO
SALONIBARI,PS TEZPUR, DIST. SONITPUR, ASSAM, PIN-784105
CORRESPONDING ADDRESS- C/O ARUN MEDHI, UZANBAZAR, NOWJAN
ROAD, GUWAHATI, KAMRUP (M), ASSAM, PIN-781001
2:BOBY KALITA
D/O LATE RAJEN KALITA
R/O VILLAGE GARAIMARI AHOM GAON
PO SALONIBARI
PS TEZPUR
DIST. SONITPUR
ASSAM
PIN-784105
CORRESPONDING ADDRESS- C/O ARUN MEDHI
UZANBAZAR
NOWJAN ROAD
GUWAHATI
KAMRUP (M)
ASSAM
PIN-781001
3:MOMI KALITA
Page No.# 2/4
D/O LATE RAJEN KALITA
R/O VILLAGE GARAIMARI AHOM GAON
PO SALONIBARI
PS TEZPUR
DIST. SONITPUR
ASSAM
PIN-784105
CORRESPONDING ADDRESS- C/O ARUN MEDHI
UZANBAZAR
NOWJAN ROAD
GUWAHATI
KAMRUP (M)
ASSAM
PIN-781001
4:ARNAB RAMCHIARY
S/O BHUMIDHAR RAMCHIARY
R/O VILL B.P TINIALI
NEAR POLICE STATION
PS TEZPUR
DIST. SONITPUR
ASSAM
PIN-784153
5:MANASH NATH
S/O LATE BHADRESWAR NATH
R/O VILLAGE- MEKNAR CHUBURI
PO BIHAGURI
PS TEZPUR
DIST. SONITPUR
ASSAM
PIN-78415
Advocate for the Petitioner : MRS. S ROY
Advocate for the Respondent : MR D MONDAL (R-1)
Linked Case : I.A.(Civil)/2391/2021
PRANATI KALITA AND 2 ORS.
W/O LATE RAJEN KALITA
R/O VILLAGE GARAIMARI AHOM GAON
PS TEZPUR
Page No.# 3/4
DIST. SONITPUR
ASSAM
2: BOBY KALITA
D/O LATE RAJEN KALITA
R/O VILLAGE GARAIMARI AHOM GAON
PS TEZPUR
DIST. SONITPUR
ASSAM
3: MOMI KALITA
D/O LATE RAJEN KALITA
R/O VILLAGE GARAIMARI AHOM GAON
PS TEZPUR
DIST. SONITPUR
ASSAM
VERSUS
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS A COMPANY REGISTERED AND INCORPORATED UNDER THE
COMPANIES ACT
1956. HAVING ITS REGISTERED OFFICE AT 3
MIDDLETON STREET
KOLKATA-700071
REPRESENTED BY ITS ASSISTANT MANAGER
GUWAHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI
(REP. BY ITS REGIONAL MANAGER)
------------
Advocate for : MR D MONDAL
Advocate for : appearing for NATIONAL INSURANCE COMPANY LTD.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 25.01.2022
Heard Mr. D. Mondal, learned counsel for the applicant and Ms. S. Roy, learned
counsel for the opposite party/insurance company.
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The connected appeal has already been admitted for hearing and the impugned
judgment and award has also been stayed without asking the Insurance Company to
deposit any amount.
Now the present application has been filed seeking a direction to the Insurance
Company asking them to deposit 50% of the awarded amount.
Ms. Roy objected to the prayer of the applicant.
I have given my anxious consideration to the submissions made by the learned
counsels for the parties.
There is no dispute that a person lost his life in the accident. Therefore, it
appears that the question will be what amount of contribution made by each of the
vehicle involved in the accident. Therefore, at this stage, the prayer made by the
applicant seems to be considered. Therefore, the appellant National Insurance
Company Limited is directed to deposit 50% of the awarded amount in the Registry
within six weeks. After deposition of the 50% of the awarded amount, the claimant
shall be at liberty to withdraw the said amount on proper identification.
With the above observation and direction, the interlocutory application is
disposed of.
JUDGE
Comparing Assistant
