United India Insurance Company Limited vs Rwmwi @ Romai Rahang And 5 Ors
2023 Latest Caselaw 5103 Gua

Gauhati High Court

United India Insurance Company Limited vs Rwmwi @ Romai Rahang And 5 Ors on 18 December, 2023

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                               Page No.# 1/3

GAHC010263122023




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

                        Case No. : I.A.(Civil)/3743/2023


         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
         DISPUR.


          VERSUS

         RWMWI @ ROMAI RAHANG AND 5 ORS.
         W/O LATE SIMANTA RAHANG
         R/O PANBARI
         P.S.- PRAGJYOTISHPUR
         DIST.- KAMRUP
         ASSAM
         PIN- 783391.

         2:KANGKANA RAHANG
         D/O LATE SIMANTA RAHANG

         R/O PANBARI
         P.S.- PRAGJYOTISHPUR
         DIST.- KAMRUP
         ASSAM
         PIN- 783391.
         3:JYOTIKA RAHANG
         M/O LATE SIMANTA RAHANG

         R/O PANBARI
         P.S.- PRAGJYOTISHPUR
         DIST.- KAMRUP
         ASSAM
         PIN- 783391.
                                                                         Page No.# 2/3

          4:RAHEN RAHANG
         FATHER OF LATE SIMANTA RAHANG

         R/O PANBARI
         P.S.- PRAGJYOTISHPUR
         DIST.- KAMRUP
         ASSAM
         PIN- 783391.
         5:AMARJYOTI KALITA
         S/O LATE LILADHAR KALITA
         SONARIPARA
         PIN- 784514
         P.S.- CHAYGAON
         KAMRUP.
         6:BIPLAB DAS
         S/O MOHAN DAS

         ALEGJARI
         PIN- 781124
         P.S.- CHAYGAON
         KAMRUP
         ASSAM.
         ------------
         Advocate for : MR. K K BHATTA
         Advocate for : appearing for RWMWI @ ROMAI RAHANG AND 5 ORS.



                               BEFORE
               HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                    ORDER

Date : 18.12.2023

Heard Mr. K.K. Bhatta, learned counsel for the applicant.

This is an application for stay of operation and execution of the impugned judgment and award dated 07.10.2023 passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No. 239/2018.

Issue notice returnable on 05.02.2024.

The applicant shall take steps within 2 days for service of notice on the Page No.# 3/3

respondent by registered post with A.D. as well as by usual process.

The learned counsel for the appellant has submitted that the deceased was a government servant and therefore, his dependents would be entitled to receive full salary of the deceased till his date of superannuation under the notification no. FEG.28/2017/26 dated 14.09.2017, by which scheme for Compassionate Family Pension in lieu of compassionate appointment in short called as Compassionate Family Pension (CFP) Scheme was notified. It is submitted that the payment of compensation would entail double benefit of the respondents-claimants.

In view of above, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 07.10.2023 passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No. 239/2018, subject to condition that the applicant shall deposit 20% of the awarded sum before the Registry of this Court within a period of 6(six) weeks from today.

It is made clear that if the said deposit is not made within the time allowed, this order shall not be a bar for enforcement of the award.

List on 05.02.2024.

JUDGE

Comparing Assistant