Gauhati High Court
Page No.# 1/5 vs Oriental Insurance Company Ltd on 24 May, 2022
Page No.# 1/5
GAHC010014062022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/179/2022
SEMINA YASMIN @ SAMINA IYASMIN AND 4 ORS.
W/O- LATE SHAHADAT ALI, R/O- VILL.- JOYPUR, PURBAPARA, P.O. , P.S.
BAGUAN 783129, DIST.- GOALPARA, ASSAM
2: SABINA YASMIN
D/O LATE SAHADAT ALI
VILL. JOYPUR
PURBAPARA
P.O. AND P.S. BAGUAN 783129
DIST. GOALPARA
ASSAM.
3: TAJ YASMIN
D/O LATE SAHADAT ALI
VILL. JOYPUR
PURBAPARA
P.O. AND P.S. BAGUAN 783129
DIST. GOALPARA
ASSAM. (CLAIMANT / APPLICANT NO 2 AND 3 ARE MINOR DAUTHERS OF
THE DECEASED AND HENCE REPRESENTED BY CLAIMANT/APPLICANT
NO. 1 BEING MOTHER)
4: RAJAB ALI
S/O LATE BIRU SHEIKH
VILL. JOYPUR
PURBAPARA
P.O. AND P.S. BAGUAN 783129
DIST. GOALPARA
ASSAM.
5: JARINA KHATUN
Page No.# 2/5
W/O RAJAB ALI
VILL. JOYPUR
PURBAPARA
P.O. AND P.S. BAGUAN 783129
DIST. GOALPARA
ASSAM
VERSUS
ORIENTAL INSURANCE COMPANY LTD.
REGIONAL OFFICE, G.S. ROAD ULUBARI, GUWAHATI 781007, DIST.
KAMRUP (M), ASSAM.
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MR S DUTTA
Linked Case : MACApp./9/2022
ORIENTAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
A-25/27
ASAF ALI ROAD
NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
REP. BY THE REGIONAL MANAGER.
VERSUS
SEMINA YASMIN @ SAMINA IYASMIN AND 5 ORS.
W/O- LATE SHAHADAT ALI
R/O- VILL.- JOYPUR
PURBAPARA
P.O. JOYPUR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM
2:SABINA YASMIN
D/O- LATE SHAHADAT ALI
Page No.# 3/5
R/O- VILL.- JOYPUR
PURBAPARA
P.O. JOYPUR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM
3:TAJ YASMIN
D/O- LATE SHAHADAT ALI
R/O- VILL.- JOYPUR
PURBAPARA
P.O. JOYPUR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM. CLAIMANT NO. 2 AND 3 ARE MINOR CHILDREN AND REP. BY
OPPOSITE PARTY NO. 1.
4:RAJAB ALI
S/O- LATE BIRU SHEIKH
R/O- VILL.- JOYPUR
PURBAPARA
P.O. JOYPUR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM.
5:JARINA KHATUN
W/O- RAJAB ALI
R/O- VILL.- JOYPUR
PURBAPARA
P.O. JOYPUR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM.
6:MONSER ALI
S/O- MONTAJ ALI
R/O- VILL.- NALANGA MAJERPARA
P.O. JOYPUR BAZAR
P.S. BAGUAN
DIST.- GOALPARA
ASSAM.
------------
Advocate for : MR SISHIR DUTTA
Advocate for : appearing for SEMINA YASMIN @ SAMINA IYASMIN AND 5 ORS.
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 24.05.2022
Heard Mr. A. R. Agarwala, learned counsel, appearing on behalf of the
applicants. Also heard Mr. S. Dutta, learned counsel, appearing on behalf of Opposite
Party/Insurance Company.
This is an application praying for a direction to deposit the 50% of the award,
passed by the learned Member, MACT, Goalpara, dated 17.08.2021, in MAC. Case No.
188/2018, whereby the learned Tribunal had directed to pay Rs. 22,89,294/- with 9%
interest p.a., from the date of filing of the claim petition to the claimants/ applicants.
In an interlocutory application being IA(c)47/2022 filed by the Opposite
Party/Insurance Company, this Court, vide order, dated 10.01.2022, was pleased to
stay the award passed by the learned Tribunal stating that since the connected appeal
filed by the Insurance Company against the judgment & award, dated 17.08.2021,
passed by the learned Tribunal in MAC. Case No. 188/2018, had been admitted; the
impugned judgment & award, dated 17.08.2021, shall remain stayed till disposal of
the connected appeal.
Upon hearing the learned counsels appearing for the parties and on perusal of
the materials available on record, it is hereby directed that the Opposite
Party/Insurance Company shall deposit 50% of the awarded amount passed by the
learned Member, MACT, Goalpara, dated 17.08.2021, in MAC. Case No. 188/2018,
before the Registry of this Court within a period of 6 weeks from today.
Page No.# 5/5
After the aforesaid amount is deposited by the Opposite Party/ Insurance
Company, this application shall again be listed to enable the learned counsels for the
parties to argue on the issue of withdrawal of the 50% of the awarded deposited
amount.
List it accordingly.
JUDGE
Comparing Assistant
