Gauhati High Court
National Insurance Company Ltd vs Smti Arpana Talukdar And 5 Ors on 8 March, 2022
Page No.# 1/6
GAHC010033452018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./241/2018
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI
VERSUS
SMTI ARPANA TALUKDAR AND 5 ORS
W/O LATE AMARENDRA TALUKDAR, R/O VILL. JEBRAVITTA,
(BHAWANIPUR), P.S. BARPETA, PIN 781301, DIST. BARPETA, ASSAM.
2:SRI BIKI TALUKDAR
S/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM.
3:MISS MAUSUMI TALUKDAR
D/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM.
4:SRI BHARGAV TALUKDAR
S/O LATE AMARENDRA TALUKDAR
Page No.# 2/6
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM
RESPONDENT NOS. 2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR
LEGAL SUARDIAN I.E. MOTHER RESPONDENT NO.
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. B K JAIN (R1-R4)
Linked Case : CO/22/2021
ARPANA TALUKDAR AND 3 ORS.
W/O- LATE AMERENDRA TALUKDAR
R/O- VILL.- JEBRAVITTA
(BHAWANIPUR)
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301.
2: BIKI TALUKDAR
S/O- LATE AMERENDRA TALUKDAR
R/O- VILL.- JEBRAVITTA
(BHAWANIPUR)
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301.
3: MISS MAUSUMI TALUKDAR
D/O- LATE AMERENDRA TALUKDAR
R/O- VILL.- JEBRAVITTA
(BHAWANIPUR)
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301.
4: BHARGAV TALUKDAR
S/O- LATE AMERENDRA TALUKDAR
R/O- VILL.- JEBRAVITTA
(BHAWANIPUR)
Page No.# 3/6
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301. (RESPONDENT NOS. 2 TO 4 BEING MINORS
THEY ARE REP. BY THEIR MOTHER
GUARDIAN AND NEXT FRIEND
THE RESPONDENT NO. 1).
VERSUS
NATIONAL INSURANCE COMPANY LTD. AND 2 ORS.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA
REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI- 781005.
2:MAHABBAT ALI
S/O- BHOREY KHAN
R/O- VILL.- DHAKKBORE COLONEY
THE HASAN-PUR
MARADABAD
DIST.- BARPETA
ASSAM
PIN- 781301. (DRIVER OF THE VEHICLE NO. NL-01/G-9536
TRUCK).
3:D.C.R. GOODS CARRIES
TCP GATE
NAGALAND
KOHIMA
KOHIMA- 797001. (OWNER OF THE VEHICLE NO. NL-01/G-9536
TRUCK).
------------
Advocate for : MR. B K JAIN
Advocate for : MR. R GOSWAMI appearing for NATIONAL INSURANCE
COMPANY LTD. AND 2 ORS.
Linked Case : I.A.(Civil)/1438/2021
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
VERSUS
Page No.# 4/6
ARPANA TALUKDAR AND 3 ORS.
W/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM.
2:SRI BIKI TALUKDAR
S/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM.
3:MISS MAUSUMI TALUKDAR
D/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM.
4:SRI BHARGAV TALUKDAR
S/O LATE AMARENDRA TALUKDAR
R/O VILL. JEBRAVITTA
(BHAWANIPUR)
P.S. BARPETA
PIN 781301
DIST. BARPETA
ASSAM
RESPONDENT NOS. 2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR
LEGAL SUARDIAN I.E. MOTHER RESPONDENT NO. 1
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. B K JAIN appearing for ARPANA TALUKDAR AND 3 ORS.
Page No.# 5/6
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 08.03.2022
None appears for the appellant, on call. However, Mr. B. K. Jain, learned counsel
for the respondents No. 1 to 4/claimants is present.
Mr. Jain, learned counsel, submits that this MAC. Appeal is directed against the
judgment & award, dated 05.08.2017, passed by the learned MACT, Barpeta, in MAC.
Case No. 79/2014.
This Court, by order, dated 27.10.2021, while staying the operation of the
impugned judgment & award, dated 05.08.2017, passed by the learned MACT,
Barpeta, in MAC. Case No. 79/2014, had provided, as under:
"Since the MAC Appeal No. 241/2018 is already admitted, the operation of the
judgment & award, dated 05.08.2017, passed by the MACT, Barpeta, in MAC. Case No.
79/2019 shall remain stayed till disposal of the appeal, subject to the condition that
the 50% of the awarded amount at the rate of Rupees 7% interest per annum from
the date of filing of the appeal shall be deposited by the Insurance Company in the
Registry of this Court within next four weeks. The appellant shall be at liberty to
withdraw the aforesaid amount on proper verification."
Mr. Jain, learned counsel for respondents No. 1 to 4/claimants, however, submits
that in the order, dated 27.10.2021, quoted-above; instead of 'MAC. Case No.
79/2014'; inadvertently, 'Misc. Case No. 79/2019', has been recorded.
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Mr. Jain, learned counsel, further points out that in the same paragraph,
referred to hereinabove; instead of 'claimants shall be at liberty to withdraw the
aforesaid amount on proper verification", inadvertently, the 'appellant shall be at
liberty to withdraw the aforesaid amount on verification', have been recorded.
I have perused this Court's order, dated 27.10.2021 and also the impugned
judgment and award, dated 05.08.2017, passed by the learned MACT, Barpeta, in
MAC. Case No. 79/2014, a certified copy of which has been annexed along with the
Memo of Appeal.
Accordingly, in the order, dated 27.10.2021, passed by this Court, where 'Misc.
Case No. 79/2019', has been recorded, inadvertently, the same shall be henceforth
read as 'MAC. Case No. 79/2014'; and where the phrase 'appellant shall be at liberty
to withdraw the aforesaid amount on verification', have been recorded, inadvertently,
the same shall be henceforth read as 'claimants shall be at liberty to withdraw the
aforesaid amount on proper verification', in the manner indicated to be withdrawn in
terms of this Court's order, dated 27.10.2021.
JUDGE
Comparing Assistant
