Md Abul Kalam Azad vs The Regioanl Manager
2022 Latest Caselaw 4278 Gua

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GAHC010101752022




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

                               Case No. : I.A.(Civil)/1724/2022

            MD ABUL KALAM AZAD
            S/O LATE HABIBAR RAHMAN, R/O VILL. BIDYAPARA (BHATIGAON PT.II),
            P.O. AND DIST. DHUBRI (ASSAM).



            VERSUS

            THE REGIOANL MANAGER, ORIENTAL INSURANCE CO. LTD.
            REGIONAL OFFICE, GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-07,
            DIST- KAMRUP (M) (ASSAM)



Advocate for the Petitioner   : MR.A R AGARWALA

Advocate for the Respondent : MR. A ACHARYA




             Linked Case : MACApp./92/2015

            MD ABUL KALAM AZAD
            S/O LATE HABIBAR RAHMAN
            R/O VILL. BIDYAPARA BHATIGAON PT.II
            P.O. and DIST. DHUBRI
            ASSAM.


             VERSUS

            NARAYAN PRASAD KHETAWAT and ANR
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                S/O SRI PRAHLAD RAJ KHETAWAT STATION ROAD
                P.O. and DIST. DHUBRI

                2:THE ORIENTAL INSURANCE CO. LTD.

                DHUBRI BRANCH
                D.K. ROAD
                P.O. and DIST. DHUBRI ASSAM
                REPRESENTED BY REGIONAL OFFICE
                G.S. ROAD
                ULUBARI
                GUWAHATI-07
                ------------
                Advocate for : MR.A R AGARWALA
                Advocate for : MR.A ACHARYAR-2 appearing for NARAYAN PRASAD
                KHETAWAT and ANR



                                         BEFORE
                THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
                         ORDER

04.11.2022

Heard Mr. S.K. Goswami, learned counsel for the respondent/Insurance company. None appears for the claimant on call.

This present application arises out of MAC App. 92/2015. The said MACApp. 92/2015 was decided by this Court under its order dated 28.02.2020. By the aforesaid order, the award has been enhanced to Rs. 6,21,038/-.

As the Insurance had deposited the earlier award with interest and the same was also withdrawn by the claimant, this Court has directed that an amount of Rs. 1,65,000/- shall be paid to the claimant with an interest of 8% per annum till realisation and the interest shall be effective from the date of passing of the judgment and payable till deposit. An amount of Rs. 1,00,000/- was directed to kept in fixed in the name of one injured namely Ajijul Rahman @ Ajijul Islam.

The present application is filed alleging that in spite of such order dated 28.02.2020 and having the knowledge of such order, the Insurance company has not deposited the Page No.# 3/3

enhanced amount. It is seen that there is no specific direction to deposit the amount before this Court or before the learned Tribunal below. Therefore, at this stage, it is not discernable whether the Insurance Company had deposited the amount or not.

Be that as it made, in the interest of justice, the matter stands adjourned for the day. In the meantime, Mr. Goswami shall obtain instruction in this regard.

List this matter on 07.12.2022.

JUDGE

Comparing Assistant