Smti Sabitri Kalita vs Reliance General Insurance Co. ...
2022 Latest Caselaw 1749 Gua

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GAHC010082342022




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

                                Case No. : I.A.(Civil)/1367/2022

            SMTI SABITRI KALITA,
            - W/O-LATE BHAGIRATH KALITA, R/O- TARANI, P.S. RANGIA, P.O. RANGIA,
            DIST.- KAMRUP, ASSAM



            VERSUS

            RELIANCE GENERAL INSURANCE CO. LTD.,
            HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
            HIRACHAND MARG, BALLARD ESTATE, MUMBAI- 400001 AND ONE OF ITS
            BRANCH OFFICE ANIL PLAZA, 5TH FLOOR, G.S. ROAD, GUWAHATI-
            781005.



Advocate for the Petitioner   : MRS. SABITRI GURUNG

Advocate for the Respondent : MR. K K BHATTA




             Linked Case : MACApp./294/2019

            RELIANCE GENERAL INSURANCE CO. LTD.

            HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE
            WALCHAND HIRACHAND MARG
            BALLARD ESTATE
            MUMBAI- 400001 AND ONE OF ITS BRANCH OFFICE ANIL PLAZA
            5TH FLOOR
            G.S. ROAD
                                                               Page No.# 2/4

GUWAHATI- 781005.


VERSUS

SMTI. PALLABI DEKA KALITA AND 3 ORS.
W/O- LATE MONI KALITA
R/O- TARANI
P.S. RANGIA
P.O. RANGIA
DIST.- KAMRUP(R)
ASSAM- 781354.

2:SRI DHRUB JIT KALITA
S/O- LATE MONI KALITA
 R/O- TARANI
 P.S. RANGIA
 P.O. RANGIA
 DIST.- KAMRUP(R)
ASSAM- 781354.
 3:M/S. ANUPAM NIRMAN PVT. LTD.

RAJGARH LINK ROAD
CHANDMARI
DIST.- KAMRUP(M)
GUWAHATI- 781003. (OWNER OF DUMPER NO. AS-15-C-2414).
4:MD. AMIR HAMJA
S/O- LATE SUKU ALI
R/O- RAJAGHAT
P.S. AND P.O. BARPETA
ASSAM- 781315. (DRIVER OF DUMPER NO. AS-15-C-2414).
5:SMTI SABITRI KALITA

- W/O-LATE BHAGIRATH KALITA
 R/O- TARANI
 P.S. RANGIA
 P.O. RANGIA
 DIST.- KAMRUP
 ASSAM
 ------------
 Advocate for : MR. K K BHATTA
Advocate for : MR. A R AGARWALA appearing for SMTI. PALLABI DEKA
KALITA AND 3 ORS.
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                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 23.05.2022

Heard Ms. Sabitri Gurung, learned counsel for the applicant. Also heard Mr. K. K. Bhatta, learned counsel for the Opposite Party/Insurance Company.

In an appeal being MAC.A. No. 294/2019 filed by the Opposite Party/Insurance Company challenging the judgment & award, dated 17.01.2019, passed by the learned Member, MACT No. 3, Kamrup(M), Guwahati, in MAC. Case No. 1256/2016, awarding compensation of Rs. 28,07,186/-; this Court while admitting the aforesaid appeal, had directed the appellant/Insurance Company to deposit 50% of the awarded amount i.e. Rs. 14,03,593/-, vide order, dated 20.05.2019.

Pursuant to the aforesaid order, the appellant/Insurance Company had deposited a sum of Rs. 14,03,593/- before the Registry of this Court.

The interlocutory application being IA(c)600(AP)2021, was filed by the respondents No. 1 & 2 who are the wife and son of the deceased, praying for withdrawal of the 50% of the deposited amount which was allowed by this Court vide order, dated 19.03.2021 passed in the aforesaid IA(c)600(AP)2021.

While releasing the deposited amount by the Registry of this Court, vide order, dated 30.03.2022, passed by the Registrar General of this Registry pursuant to an order passed in IA(c)600/2021 in MAC.A. No. 294/2019; an amount of Rs. 4 lakhs from the deposited amount was, however, retained being proportionate share for the mother of the deceased as ordered by the learned Tribunal in the impuned judgment & award, dated 17.01.2019.

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The mother of the deceased, namely, Smt. Sabitri Kalita was not, however, made a party by the appellant/Insurance Company while filing the appeal, but was later on impleaded as a party on an application filed by the mother being IA(c)1082/2022.

The instant application has been filed by the mother of the deceased, named- above, praying for release of Rs. 4 lakhs retained by the Registry of this Court, as her proportionate share, from the amount deposited by the appellant/Insurance Company.

Prayer is allowed.

The applicant, namely, Smt. Sabitri Kalita, shall be paid an amount of Rs. 4 lakhs which was retained by order, dated 30.03.2022, passed by the Registrar General of this Registry pursuant to an order passed in IA(c)600/2021 in MAC.A. No. 294/2019, on being properly identified by following the due process of identification as notified by the Registry of this Court, from time to time.

The interlocutory application stands allowed and accordingly stands disposed of.

Registry shall reflect the name of Ms. Sabitri Gurung, learned counsel, in the Cause List, henceforth, as the learned counsel representing respondent No. 5 in the connected appeal.

JUDGE

Comparing Assistant