Page No.# 1/3 vs Bajaj Allianz General Insurance ...
2022 Latest Caselaw 3413 Gua

                                                                   Page No.# 1/3

GAHC010121032022




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

                               Case No. : I.A.(Civil)/1832/2022

            USHA BORAH AND 2 ORS.
            W/O LATE BAKUL BORAH,
            RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA, HS
            SCHOOL PLAYGROUND, PO AND PS JAKHALABANDHA, DIST NAGAON
            (ASSAM) 782136.

            2: SRI TAPAJYOTI BORAH
             S/O LATE BAKUL BORAH
             RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
             HS SCHOOL PLAYGROUND
             PO AND PS JAKHALABANDHA
             DIST NAGAON (ASSAM) 782136

            3: MISS MOMI BORAH
             D/O LATE BAKUL BORAH
             RESIDENT OF VILLAGE SARUBHAGIA NEAR JAKHALABANDHA
             HS SCHOOL PLAYGROUND
             PO AND PS JAKHALABANDHA
             DIST NAGAON (ASSAM) 782136

            VERSUS

            BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA,
            AIRPORT ROAD, YERAWADA, PUNE 411006 AND ITS LOCAL OFFICE AT
            SREEJI TOWER, 3RD FLOOR (ADJACENT TO MAHINDRA SHOW ROOM)
            CHRISTIAN BASTI , GUWAHATI 781005.



Advocate for the Petitioner   : MR. B CHOWDHURY

Advocate for the Respondent : MR. R GOSWAMI
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                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

07.09.2022

Heard Mr. B. Choudhury, learned counsel for the applicant/claimant. Also hears Mr. R. Goswami, learned counsel appearing on behalf of the opposite party/appellant.

This is an application for withdrawal of the deposited amount of Rs.12,20,530/-(Rupees Twelve lakhs twenty thousand five hundred thirty) i.e 50% of the awarded amount, which has already been deposited by the appellant/opposite party, in pursuance of the order dated 25.02.2022, passed in I.A. (Civil) No.428/2022, arising out of the MAC Appeal No. 89/2022.

In this context Mr. R. Goswami, learned counsel for the appellant/opposite party, raised objection and submitted that as per the new Government Policy for the calculation of the awarded amount, there may be a possibility of deduction of the total awarded amount, and accordingly, submitted that they are ready to release Rs.10,00,000/- (Rupees Ten lakhs) in favour of the applicant/claimant.

Mr. B. Choudhury, learned counsel appearing on behalf of the applicant/claimant, raised no objection in withdrawing a sum of Rs.10,00,000/- (Rupees Ten lakhs) out of the total deposited amount of Rs.12,20,530/-(Rupees Twelve lakhs twenty thousand five hundred thirty).

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It reveals from the judgment passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, Assam that there was a direction to deposit Rs. 3,00,000/- (Rupees Three lakhs) each for both the claimants in any nationalized bank for 3 (three) years and hence, considering the view of the learned Member, Motor Accident Claims Tribunal, Nagaon, Assam, both the claimants are at liberty to withdraw Rs. 7,00,000/-(Rupees Seven lakhs) out of the deposited amount equally and Rs. 1,50,000/- each will be fixed in any nationalized bank for 3(three) years.

The Registry to release the aforesaid amount on proper verification and identification of the claimants.

In terms of above, the interlocutory application stands disposed off.

JUDGE

Comparing Assistant