Gauhati High Court
Page No.# 1/4 vs Baleswar Prasad Gupta And 3 Ors on 8 February, 2023
Page No.# 1/4
GAHC010017312023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/38/2023
PARUL HAZARIKA AND 2 ORS
W/O LATE RANA JAGADISH HAZARIKA, R/O MOINAPARA (NEAR DHASIRI
BRIDGE), P.O.-MORANGI, P.S.-GOLAGHAT, DIST-GOLAGHAT, ASSAM
2: MISS PRIYANKA HAZARIKA
D/O LATE RANA JAGADISH HAZARIKA
R/O MOINAPARA (NEAR DHASIRI BRIDGE)
P.O.-MORANGI
P.S.-GOLAGHAT
DIST-GOLAGHAT
ASSAM
3: PARTHA PROTIM HAZARIKA
S/O LATE RANA JAGADISH HAZARIKA
R/O MOINAPARA (NEAR DHASIRI BRIDGE)
P.O.-MORANGI
P.S.-GOLAGHAT
DIST-GOLAGHAT
ASSA
VERSUS
BALESWAR PRASAD GUPTA AND 3 ORS
S/O S. PRASAD GUPTA, R/O CHANMARI COLONY, P.O.-KOHIMA, DIST-
KOHIMA (NAGALAND), AT PRESENT R/O NEAR SATYA NARAYAN
SERVICE, GOTA NAGAR, GUWAHATI, DIST- KAMRUP (M), ASSAM
2:SHAKTI PRASAD SAHANI
S/O G. SAHANI
R/O 150 COLLIN STREET
KOLKATA
WEST BENGAL
PIN-700016
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3:RELIANCE GENERAL INSURANCE CO. LIMITED
ABC
G.S. ROAD
GUWAHATI
DIST-KAMRUP (M)
ASSAM
PIN-781005 REPRESENTED BY ITS BRANCH MANAGER
4:ORIENTAL INSURANCE COMPANY LIMITED
GOLAGHAT BRANCH
G.F. ROAD
P.O.-GOLAGHAT
DIST- GOLAGHAT
ASSAM
PIN-785621
REPRESENTED BY ITS BRANCH MANAGE
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08.02.2023
Heard Mr. M. Dutta, learned counsel for the petitioner.
By this petition under Article 227 of the Constitution of India, the petitioners
have challenged the legality and validity of the order, dated 13.12.2022, passed in
Petition No. 2883/2022, arising out of MAC Case No. 79/2014 by the learned Member,
MACT, Golaghat.
The brief fact of the case is that the claimants/petitioners filed a claim petition
before the MACT, Golaghat, which was allowed on contest, vide judgment and award
dated 15.02.2018, by directing the respondent Insurance Company to pay Rs.
29,91,772/- to the petitioners. Thereafter, being aggrieved with the said judgement,
Page No.# 3/4
the respondent Insurance Company preferred an MAC Appeal before this Court, which
was dismissed vide judgment and order, dated 03.03.2022. After dismissal of the MAC
appeal, the respondent Insurance Company deposited an amount of Rs.25,70,957/-
towards the balance amount in full and final settlement of the claim case.
Subsequently, the claimants/petitioners filed Petition No. 2883/2022 before the
Member, MACT, Golaghat, praying for allowing them to withdraw the deposited
amount and the same was allowed. The learned Member, MACT, however, observed
that the shares of the petitioner Nos. 2 and 3 be kept in a Nationalized Bank for a
period of five years. Being aggrieved with the said order, the claimants/petitioners filed
this instant petition.
The relevant portion of the order, dated 13.12.2022, is extracted as
hereinbelow:-
"Heard the petitioners. Taking note of all the facts and circumstances, the
prayer is allowed. The balance awarded amount along with the interest amounting to
Rs. 25,70,957/- (Rupees Twenty Five Lakh Seventy Thousand Nine Hundred Fifty
Seven) only be paid to the claimant Nos. 1, 2 & 3 in equal shares.
It is further ordered that the shares of the awarded amount of the claimants
No. 2 and 3 namely Priyanka Hazarika and Partha Protim Hazarika are to be kept in
fixed deposit scheme, in a Nationalized Bank near their permanent residence for a
period of 5 (five) years."
The record reveals that both the petitioner Nos. 2 and 3 are aged about 29
and 27 years respectively and, as such, their consent was necessary for depositing
their share of award in fixed deposits. There is no evidence to show that their consent
was obtained to keep their respective share of award in fixed deposit schemes for a
period of 5 (five) years in a Nationalized Bank, which the learned Tribunal omitted to
consider seemingly through inadvertence.
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Therefore, the prayer of the petitioners to withdraw their respective shares of
compensation award is hereby allowed.
With the above, this petition stands disposed of.
JUDGE
Comparing Assistant
