The Oriental Insurance Co. Ltd vs Smti. Jaya Deka And 4 Ors
2022 Latest Caselaw 2426 Gua

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GAHC010193362019




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

                         Case No. : MACApp./539/2019

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGD. UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GHY-7



         VERSUS

         SMTI. JAYA DEKA AND 4 ORS
         W/O- LT NANDESWAR DEKA, R/O- VILL- KHUDRA DIMU, P.S. RANGIA, P.O.
         DIMU, DIST- KAMRUP, ASSAM, PIN- 781382

         2:ARNAB DEKA
          S/O- LT NANDESWAR DEKA
          R/O- VILL- KHUDRA DIMU
          P.S. RANGIA
          P.O. DIMU
          DIST- KAMRUP
         ASSAM
          PIN- 781382
          BEING MINOR REP. BY RESPONDENT NO. 1
          BEING MOTHER

         3:CHARUBALA DEKA
          M/O- LT NANDESWAR DEKA
          R/O- VILL- KHUDRA DIMU
          P.S. RANGIA
          P.O. DIMU
          DIST- KAMRUP
         ASSAM
          PIN- 781382

         4:GAJEN DEKA
          S/O- LT SURENDRA NATH DEKA
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             R/O- H.NO. 228
             GNB ROAD
             SILPUKHURI
             GHY-3
             DIST- KAMRUP (M)
             ASSAM

            5:BIJAY KUMAR RABHA
             S/O- KATIRAM KUMAR RABHA

             VILL- TILAPARA
             P.S. AGIA
             DIST- GOALPARA
             ASSAM
             PIN- 78312

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MS D D ROY




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 21.07.2022

Heard Mr. S. K. Goswami, the learned counsel appearing on behalf of the Appellant and Ms. D. D. Roy, the learned counsel appearing on behalf of the Respondents.

Mr. S. K. Goswami, the learned counsel for the Appellant submits that he has instruction to withdraw the instant appeal.

Consequently, the instant appeal stands dismissed on withdrawal. It has been mentioned by the learned counsels for the parties that pursuant to the order dated 06.11.2019, an amount of Rs.4,50,000/- has been deposited before the Registry of this Court. The claimant shall be at liberty to withdraw the same by filing an appropriate application before the Registry of Page No.# 3/3

this Court.

The Appellant is further directed to deposit the remaining part of the compensation amount alongwith interest from the date of filing of the evidence on Affidavit i.e. 01.02.2019 before the Tribunal i.e. the Member, MACT No.3, Kamrup (M) at Guwahati within a period of 6 (six) weeks from today. Thereupon the Tribunal shall apply the said amount deposited in terms with Paragraph 14 and 15 of the impugned judgment.

The statutory deposit of Rs.25,000/- as was deposited by the appellant at the time of filing the instant appeal be refunded to the appellant pursuant to deposit of the remaining part of the compensation amount before the Tribunal.

The Registry is directed to return the LCR to the Court below.

JUDGE

Comparing Assistant