Smti Padumoni Deka And Anr vs The New India Assurance Co. Ltd And ...
2022 Latest Caselaw 1515 Gua

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GAHC010025772022




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

                                Case No. : I.A.(Civil)/352/2022

            SMTI PADUMONI DEKA and ANR
            W/O LT. CHITTARANJAN DEKA, R/O TAMARU (BATABARI), P.S.
            KALAIGAON, DIST. UDALGURI (ASSAM), PRESENTLY RESIDING AT
            BHEBARGHAT, MANGALDOI, DIST. DARRANG (ASSAM).


            VERSUS

            THE NEW INDIA ASSURANCE CO. LTD AND ANR.
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
            87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
            OFFICE AT G.S. ROAD, ABC GUWAHATI.

            2:RAMLAYAK PRAJAPATI
             S/O SRI BAIJNATH PRAJAPATI
            VILL- BHAIRABKUNDA BAZAR
             P.S. AND DIST. UDALGURI
            ASSA

Advocate for the Petitioner   : MR M AHMED

Advocate for the Respondent : MR. R K BHATRA




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

Date : 09-05-2022

The applicants are represented by Mr. M Ahmed, learned counsel. The respondent No. 1 is represented by Mr. RK Bhatra, learned counsel.

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This interlocutory application has been filed seeking permission by the applicant to allow him to withdraw the amount of the award deposited by the appellant/insurance company with the Registry of this Court.

It has been submitted by Mr. Ahmed, learned counsel for the applicants, that the connected MAC.App. No. 973/2018 preferred by the respondent No. 1/insurance company was dismissed by this Court vide judgment and order, dated 21.01.2022. In the backdrop of such facts, Mr. Ahmed, learned counsel for the applicants has submitted that the applicants be allowed to withdraw the amount deposited with the Registry of this Court in terms of the award passed in MAC Case No. (D) 71/2015 by the Motor Accident Claims Tribunal, Darrang, Mangaldoi (Additional District judge, FTC).

Since the appeal has been dismissed, as indicated above, and the awarded amount has already been deposited with the Registry in terms of the order passed by this Court, in the considered view of this Court, the aforesaid amount has to be released in favour of the claimant/applicant in terms of the award passed in MAC Case No. (D) 71/2015. The Registry of this Court is directed accordingly to release the amount in favour of the claimant/applicants.

This interlocutory application stands disposed of. The statutory deposit of the appellant in the connected appeal, referred to above, be released.

JUDGE

Comparing Assistant